Article 30 of the Indian Constitution gives many rights to religious or linguistic minorities in the country. This article gives these minorities the right to establish and administer educational institutions in India.
Now, let us have a look at the provisions of article 30 of the Indian Constitution: – (Provisions of Article 30)
Article 30 empowers minorities to establish and administer educational institutions in the country.
(1). All minorities (religious and linguistic) will have the right to establish and operate educational institutions of their choice in the country.
(1A). While framing any law for the compulsory acquisition of any property of an educational institution established and administered by a minority, the state shall ensure that such a law will not prevent or abrogate the rights of minorities.
2.) The State Government shall not discriminate in the matter of granting financial assistance to any educational institution governed by a minority, the
protection provided under Article 30 is limited to minorities only and is not extended to all citizens of the country.
Article 30 empowers minority communities to provide education to their children in their own language. This means that if the Muslim community wants to teach their children Urdu and Christian, then they can teach through English.
There are three types of minority educational institutions in the country; (Types of Minority Institutions in India)
(a) Institutions seeking financial assistance along with recognition from the government;
(b) Institutions that demand only recognition from the state and not financial aid; And
(c) Institutions that do not seek recognition or financial support from the state.
Explanation of the above three types of institutions: –
The a and b types of institutions given above are bound to follow the rules made by governments. these rules; Academic standards, curriculum, employment of teaching staff, discipline and hygiene etc. are related.
The third type of institutions are free to enforce their rules, but they have to follow common laws like labor law, contract law, industrial law, tax law, economic rules, etc.
This does not mean that the third type of institutes or unaided institutions of minority institutions will not follow the eligibility criteria / qualifications prescribed by the state while making appointments. These institutions will be at liberty to appoint teachers / lecturers and other staff only by following a rational process.
Supreme Court decision on article 30 (Supreme Court decision of Article 30): –
In a judgment delivered in the case of Malankara Syrian Catholic College Case (2007), the Hon’ble Supreme Court stated that;
The rights given to minority communities under Article 30 are only to ensure equality with the majority and they are not intended to place minorities in a more advantageous position than the majority.
Apart from this, the Supreme Court has also said that there is no evidence that minorities have been given any illegal rights outside the law.
Minorities also have to follow the general laws related to national security, national interest, public order, land, social welfare, taxation, health, sanitation and morality etc.
Thus it was found that there is no article 30A in the Indian constitution and the posts written on social media are completely baseless. It can be called a conspiracy to defame the holy and strong Indian Constitution.0