Article 30 – Indian Constitution [with Explanation]

This article is a compilation of Article 30 as it is. You can understand it well, that’s why its explanation is also given below, you must read it. Its explanation is also available in Hindi, for this you can use the link given below;

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📖 Read This Article in Hindi

📜 Article 30

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. 1[(1A) In making any law providing for the compulsory acquisition of any property of an educational institution established and administered by a minority, referred to in clause (1), the State shall ensure that the amount fixed by or determined under such law for the acquisition of such property is such as would not restrict or abrogate the right guaranteed under that clause.] (2) The State shall not, in granting aid to educational institutions, discriminate against any educational institution on the ground that it is under the management of a minority, whether based on religion or language. ——————- 1. Inserted by the Constitution (Forty-fourth Amendment) Act, 1978, s. 4 (w.e.f. 20-6-1979).

🔍 Explanation

Culture is a basic element of any civilization. It refers to the characteristics, group behavior and knowledge of a particular group of people, which includes language, religion, food, social habits, music and art, customs, traditions, etc. And Education There is a process of learning, teaching and passing on all these things.

India is a culturally diverse country where many different cultures live together maintaining their own culture.

This is possible because our constitution respects diversity and gives everyone the right to preserve their culture (especially minorities whose cultures are most afraid of extinction).

There are a total of two articles in ‘ Cultural and Educational Rights ‘ (which you can see in the chart below), in this article we are going to understand the second article i.e. Article 30 .

Right to Culture and Education ↗️
⚫ Article 29 –  Protection of interests of minorities ⚫ Article 30 –  Right of minority to set up and manage educational institutions

| Article 30 – Right of minorities to establish and administer educational institutions

Who is a minority?

The definition of minority has not been given in the constitution. In the ordinary sense of the word, it means any community which is less than fifty per cent of the population of the State.

Whether a community is a minority or not shall be ascertained with reference to the requisite legislation. To be a linguistic minority, that community must have a spoken language of its own, even if it does not have a script.

After the implementation of the constitution, if any institution has been created keeping in mind the minorities, then the minority should be a person resident in India. But if any institution established by a non-resident person for the benefit of minority community in India before the coming into force of the Constitution, it can get the protection of this article.

Article 30 has two sections, which are explained below.

Article 30(1)

This article says that all minorities based on religion or language shall have the right to establish and administer educational institutions of their choice.

That is, every minority community has the right to provide education to the children of its community in its own language in the educational institutions run by it.

If this right is violated, then the educational institution of that community can seek remedy against the violation of the fundamental right.

⚫Remember, Hindi is the national language of India. And in Article 351 special direction has been given to the State for its promotion. Yet the rights conferred by Article 29 or 30 cannot be infringed upon to achieve this object.

That is, the right of the state to decide what should be the medium of education, will bow before the right of the minority community to impart education in their own language.

Two rights have been given under Article 30; The first is the right to establish an association ; That is, the right to create an organization. and the second is the authority of its administration ; 

That is, there should be no outside interference in the management of the organization’s activities so that the minority can make the organization as it thinks fit.

 What is meant  by the establishment and administration of educational institutions has been clarified  by  the Supreme Court in the Secretary of Malankara Syrian Catholic College case (2006)  as given below;

Secretary of Malankara Catholic College Case (2006)

Supreme Court through this case, explained what is the meaning of establishment and administration of minority educational institutions;

1. The right to establish and administer minority educational institutions includes the following rights;

(a)  The right to elect its own governing body, which the founders trust will be able to run the institution well.

(b)  Right to appoint teaching staff and non-teaching staff, as well as to take action against them for negligence in their work.

(c)  Right to admit deserving students of their choice and to establish a reasonable fee structure.

(d)  The right to use his property and assets in the interest of the institution.

2.  The right to establish and administer minority educational institutions is not absolute or absolute. That is, in case of mismanagement or non-fulfillment of the criteria of academic excellence, regulatory measures can be taken by the state or in some cases even its administration can be controlled.

Types of Minority Educational Institutions

There are three types of minority educational institutions;

1.  Institutions taking financial aid and recognition from the state.

2. Such institutions which  take recognition from the state  but  do not take financial aid  .

3. Such institutions which  neither take financial aid  nor  recognition from the state .

Whichever educational institution takes financial assistance or recognition from the state or takes both, then the teaching work and administrative work will be according to the state.

That is, simply speaking, the teaching work in the first two will be according to the state, while the third type of institutions can  conduct their administrative work  on their own, but  without violating the law .

Conditions of applicability of Article 30(1)

To avail the benefits of Article 30(1), the community has to show that (1) it is a religious or linguistic minority, and (2) it had established the institution. Without fulfilling these two conditions he cannot claim the right to administer it.

If the educational institution is not established by a religious minority, then it cannot claim the right to administer it even if it has been running the administration of that institution before the commencement of the Constitution. 

That is, both the activities of establishment and running the administration will be done simultaneously. If both the conditions are not together then the law cannot be objected to violates Article 30(1).

Limitations of the right conferred by section (1)

⚫The right of administration given under this article does not cover the right of mis-administration. That is, in case of misadministration, this article will fail.

⚫The State may, as a condition of grant of aid or recognition to an institution covered under Article 30(1), impose reasonable regulations for the purposes of ensuring cleanliness, competence of teachers, discipline, etc. It means to say that the State can bring regulation, although this regulation cannot be so much that the right given by Article 30(1) ends.

⚫Minority educational institutions have the right to receive aid from the state under Article 337. In such a situation, if the State grants aid to minority educational institutions, then it cannot impose such conditions with the aid, which would deprive the members of the religious or linguistic community of the right under Article 30(1). However, the state has the right to impose reasonable conditions.

⚫It is not a constitutional right for minority educational institutions to get recognition from the state. However, if the State grants recognition, it may impose some reasonable conditions. Such as in relation to the qualification, salary etc. of the teachers.

Article 30(2) The State shall not, in granting aid to educational institutions under the Act, discriminate against any educational institution on the ground that it is under the management of any minority based on religion or language.

This means that the state would be expected to treat an institution managed by minorities with the same financial attitude as it treats others.

Article 31(1A)

It says that while making any law providing for the compulsory acquisition of any property of an educational institution established and administered by a minority referred to in clause (1), the State shall ensure that the amount fixed by such law for the acquisition of such property is the amount determined thereunder is such that the right guaranteed under that clause is not restricted or abrogated.

Actually Article 31 was abolished by the 44th Constitutional Amendment Act 1978 under which the right to property was given. The second proviso to the same Article 31(2) was made clause (1A) of Article 30.

Meaning of Proviso – The conditions attached to an agreement or statement are called proviso.

This clause means that whenever the State acquires the property of an educational institution established and administered by a minority, it shall take care that the amount of compensation shall be such that the right under Article 30(1) Remain in practice. That is, even if the land is taken away, then with the compensation amount, an educational institution can be established at another place.

[Some facts]

⚫It is not necessary that the curriculum of minority educational institutions should be limited only to the education of religion or the language of the minority community. It means to say that there is no restriction on imparting general education in such institutions.

⚫ Under article 30(1) and article 28(3) , if a minority institution is aided or recognized by the state, it cannot provide religious instruction to any student without the permission of a student (if an adult) or his guardian or No one can compel him to be present in religious worship.

⚫ Under Article 30(1) and Article 19 , the state has the power to regulate the right to run the administration of the institution of the minority community keeping in mind the discipline, cleanliness, morality or public order etc.

⚫ The right conferred by Article 30(1) is subject to the limitations imposed by Article 29(2). That is why if a minority institution is aided by the state, it cannot deny admission to any person from outside the minority community on the basis of religion, caste, etc., in such institution.

⚫The right under Article 29 can be claimed only by the citizens. But it is not necessary to be a citizen to claim the rights under Article 30. That is why a school established in India by a foreign missionary society can get the protection of Article 30(1).

⚫Article 29(1) is a simple provision under which minorities can protect their language, script or culture. Article 30(1) gives minorities special rights to patronize and administer educational institutions of their choice.

This option is limited to the institutions protecting language etc. If the minority community, after establishing an educational institution of its choice, gives admission to persons from other communities, then this right does not end.

So overall this is Article 30, I hope you have understood. To understand other article, you can use the link given below.

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⚫ Constitution ⚫ Basics of Parliament ⚫ Fundamental Rights ⚫ Judiciary in India ⚫ Executive in India

⚫ Constitution ⚫ Basics of Parliament ⚫ Fundamental Rights ⚫ Judiciary in India ⚫ Executive in India

Disclaimer - The articles and their interpretations presented here are based on the original Constitution (latest edition), DD Basu's commentary on the Constitution (mainly) and various scholars of the Constitution (whose writings are available in newspapers, magazines and audio-visuals on the Internet). We have just tried to make it interesting and easy to understand.