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Re 4: Article 30 in The Constitution Of India 1949 30. Right of minorities to establish and administer educational institutions (1) All minorities, whether ba
by AareyBaba 9y ago
Re 4:
Article 30 in The Constitution Of India 1949
30. Right of minorities to establish and administer educational institutions
(1) All minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice.
This was put in the constitution as a guarantee to linguistic and religious minorities that they
could maintain their identity within the vast majority. This was in liu of the more unpalatable option of providing special representation in Parliament for each minority group. In subsequent years after independence the Supreme Court clarified that the minority status would be determined by state. So presumably, you could set up a school in Mizoram if you are a Hindu. Or a Hindi language school in Tamil Nadu. If I am not mistaken, Sindhis run their own colleges in Mumbai under these minority rights.
- Karishma1234 9y agoYes. Indian constitution discriminates based on religion when it comes to running schools and other edu institutions. Article 30 gives special rights to christians and muslims and subsequent amendment 93 also gives right to occupation to minorities but not to Hindus and Jews. RTE was deemed unconstitutional even in the light of Article 30 in TMA Pai vs State of Karnataka thus giving rise to 93rd ammendment. > If I am not mistaken, Sindhis run their own colleges in Mumbai under these minority rights. You are most certainly mistaken. States can only declare linguistic minorities. Religious minorities are determined by a body called NCMEI. NCMEI by law can not have a Hindu as its member as a result a body that comprises of Muslims and Christians gets to decide if a Hindu school in Mizoram can start a school and avail minority benefits. They have categorically refused to do so in Kashmir, Nagaland and in Kerala so far.