ARTICLE 30 (Syllabus: GS Paper 2 – Polity)

News-CRUX-10     13th January 2024        
Samadhaan

Context: The Supreme Court's recent attempt aimed to strike a balance by remarking that the intent of Article 30 of the Constitution was not to recently ghettoise minorities by insisting they had the upper hand in administration of the institution.


Article 30

  • Right to Establish Educational Institutions: All minorities, whether based on religion or language, have the right to establish and administer educational institutions of their choice.
  • Minority Educational Institutions: (1A): In the event of compulsory acquisition of property from a minority educational institution, the State must ensure that the amount fixed does not impede the rights guaranteed under clause (1).
  • Non-Discrimination in Granting Aid: The State is prohibited from discriminating against any educational institution, managed by a minority based on religion or language, when providing aid to educational institutions.

Categories 

  • Category 1: Institutions that request both state recognition and financial assistance.
  • Category 2: Institutions that request neither recognition nor financial assistance.
  • Category 3: Institutions that do not request either recognition or financial assistance.
  • Objective: To safeguard the educational rights of minority communities in India and uphold their freedom to preserve culture and language through education.



Features of Article 30

  • Article 30 safeguards the right of minority communities to establish and manage educational institutions according to their preferences.
  • Discrimination in admission to these institutions is explicitly prohibited under this article.
  • The provision extends to state funding or assistance for such institutions, ensuring they can claim rights and benefits comparable to those granted to government-aided or government-operated institutions.
  • These educational institutions, while exercising their rights, are obligated to comply with state regulations. These regulations, imposed in the interest of national security, public order, or morality, must be reasonable and non-discriminatory.
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