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CHAPTER- 1
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MEANING AND CONCEPT OF RIGHTS

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OF MINORITIES
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 Chapter- I: Meaning and Concept of Rights of Minorities

Chapter-I

Meaning and Concept of Rights of Minorities

The word „minority‟ has not been defined at any place in the Constitution of

ty
India but refer to minorities under various provisions (Articles 29, 30, 350A and

i
rs
350B) in the Constitution where the minority means “a group of population less

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than half of the total population of the state or country where they have less

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power than majority population or the people of the society who are lesser in

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strength than other major groups of people of the society”. As per the Indian

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Constitution the people can be classified on the basis of „Religious‟ or
„Linguistic‟ minorities like Muslims, Christians, Sikhs, Buddhists, Parsees

us
(Zoroastrians), and Jains. These communities which are lesser in strength in

M
comparison to majority population and Muslims are the highest number amongst
h
ar
all other minorities in India. There are differences and divergence of minorities
lig

at different places. In some states Muslims, Christians, Sikhs, Buddhists, Parsees

(Zoroastrians), and Jains are considered as minorities, while at some other places
A

Hindus are considered as minority only in two Indian states, i.e. Jammu &
y,

Kashmir and Punjab where Hindus are humble in strength or less than the 50%
ar

of the total population of the state, and hence they are considered as the minority
br

in that particular state.

Li
d

The word „minority‟ has been derived from the French word minorité or
za

Medieval Latin „minoritas‟ and from Latin minor meaning „smaller‟. According
A

to the Oxford dictionary minority means “a small group of people within a

na

community or country, differing from the main population in race, religion,

la

language, or political persuasion.”1 Law dictionary gives “the definition of a

au

minority is a group of people that differ in some way from the majority of the
M

population, or any part of a whole that is smaller than the other parts.” 2 The
Legal dictionary defines minority as “the state or condition of a minor; infancy

1. Available at: https://en.oxforddictionaries.com/definition/minority (last visited on

07/06/2017).
2. Available at: http://law.yourdictionary.com/minority#G28grCyyKyR8PYiZ.99 (last
visited on 07/6/2017)
Page | 20
 Chapter- I: Meaning and Concept of Rights of Minorities

opposite of majority. The smaller number of votes of a deliberative assembly

opposed to majority. In the context of the constitution‟s guarantee of equal
protection minority does not have merely numerical denotation but refers to
identifiable and specially disadvantaged groups such as those based on race,

ty
religion, and ethnicity or national origin.”3

i
rs
Urban dictionary defines minority as “an ethnic, racial, religious, or group

ve
having a distinctive presence within a society. A group is having little power or

ni
representation relating to other groups within a society.”4

U
lim
According to Collins dictionary “a minority is a group of people of the same
race, culture, or religion who live in a place where most of the people around

us
them are of different race, culture or religion.”5

M
According to Britannica Encyclopaedia, “Minority, means a culturally,
h
ar
ethnically, or racially distinct group that coexists with but is subordinate to a
lig

more dominant group. As the term is used in the social sciences, this sub-
A

ordinance is the chief defining characteristic of a minority group. As such,

y,

minority status does not necessarily correlate to population. In some cases one or
ar

more so-called minority groups may have a population many times the size of
br

the dominating group, as was the case in South Africa under apartheid (c. 1950–
Li

91).
d

The lack of significant distinguishing characteristics keeps certain groups from

za

being classified as “Minorities”. For instance, while Freemasons subscribe to

A

some beliefs that are different from those of other groups; they lack external
na

behaviours or other features that would distinguish them from the general
la

population and thus cannot be considered as a minority. Likewise, a group which

au
M

3. Available at: http://legal-dictionary.thefreedictionary.com/minority (last visited

on07/06/2017)
4. Available at: http://www.urbandictionary.com/define.php?term=Minorities (last
visited on 07/06/2017)
5. Available at: https://www.collinsdictionary.com/dictionary/english/minority (last
visited on 07/06/2017

Page | 21
 Chapter- I: Meaning and Concept of Rights of Minorities

is assembled for primarily economic purposes, such as a Trade Union, can

seldom be considered a minority. However, some minorities have, by custom or
force, come to occupy distinctive economic niches in a society.
Because they are socially separated or segregated from the dominant classes of a

ty
society, members of a minority group usually are cut off from a full involvement

i
rs
in the affairs of the society; and thereby from an equal share in the society‟s

ve
rewards. Thus, the role of minority groups varies from society to society

ni
depending on the structure of the social system and the relative power of the

U
minority group. For instance, the degree of social mobility of a member of a

lim
minority group depends on whether the society in which he lives is closed or
open. A closed society is one in which an individual‟s role and function can

us
theoretically never be changed, as in the „Traditional Hindu Caste System‟.

M
While an open society, on the other hand, allows the individual to change his
h
ar
role and to benefit from corresponding changes in status. Unlike a closed
lig

society, which stresses hierarchical cooperation between social groups, an open

society permits different social groups to vie for the same resources, so their
A

relations are competitive in nature. In an open society, the rank that the
y,

individual attains for himself is more important than the standing of his social
ar

group.”6
br
Li

According to the International Encyclopaedia of Social Sciences, that

d

contemporary sociologist generally define a minority as a group of people -

za

differentiated from others in the same society by race, nationality, religion, or

A

language; who both think of themselves as a differentiated group and are thought
na

of by the others as a differentiated group with negative connotations. Thus

la

minority group of people is those with distinct in race, religion, language or

au

nationality from other members of the society in which they live.

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The expression “minority” remains for “a gathering described by a feeling of

isolated character and attention to status from a generally bigger gathering of

6. Available at: https://www.britannica.com/topic/minority (last visited on 07/06/2017)

Page | 22
 Chapter- I: Meaning and Concept of Rights of Minorities

which it shapes or is held to frame a section”.7 Besides, it is likewise

characterized as “the condition or truth of being littler, sub-par on subordinate”
or as “a number which is not as much as a large portion of the entire number.”8

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It is elephantine to watch that the previously mentioned significance and

i
meaning of the expression “minority” contain a typical institution, i.e. the

rs
ve
measurable model. Be that as it may, aside from the factual institution, the term
minority is additionally designated on the premise of specific attributes which

ni
are generally controlled by the individuals constituting it. In this sense, the term

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implies such gatherings of individuals who are joined by certain normal

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elements accepting them to have a place with one regular unit. Such gatherings

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might be held together by ties of the normal drop, physical qualities,

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conventions, traditions, language or religious confidence or a blend of these.9
h
Regardless, in this way, there is a feeling of similarity, a feeling of group or
ar
unity persistent in the gathering that recognizes them from most of the occupants
lig

of the territory where such minorities work. It is this feeling of resemblance

A

inside the gathering combined with the awareness of a distinction with the
y,

dominant part which may fill in as the premise of different political sceneries or
ar

different cases.10
br

On the premise of the examination of the above meaning of minority, it is

Li

obviously settled that separated from the measurable or numerical size, there
d
za

might be situations where language or religion, alone can control appropriation –

whether social or political – might be established as the genuine premise to learn
A

the “minority” status of a specific gathering of individuals. In some different

na

cases, the particular check might be the homogeneity of the physical or social
la
au

characteristics of the gathering. Once more, there may likely be such situations
where differential treatment alone is the indicator that may decide the minority
M

status.

7. Webster‟s Third New International Dictionary, 1968.

8. The Oxford English Dictionary, Vol. VI. 1933.
9. Encyclopedia Britannica, 15, 564, Colheris Encyclopedia, 13, 224, 1963.
10. Ibid
Page | 23
 Chapter- I: Meaning and Concept of Rights of Minorities

A more inconspicuous meaning of minority is given by F.J. Brown and J.C.

Roucek: “Minorities are the people and gatherings that contrast or expected to
vary from their “prevailing” social gathering. The distinctions, albeit differing in
degree, are recognizing attributes not just as far as race, religion, nationality and

ty
state dependability additionally in the composite social examples. Be that as it

i
rs
may, such contrasts all by themselves are not adequate to make a gathering a

ve
minority without the going with state of mind of “strength” and “subservience”

ni
intentionally acknowledged and implicitly accepted.” J.A. Laponce characterizes

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a minority in the accompanying ways: “A minority is a gathering of individuals,

lim
who due to a typical racial, linguistic religious or national legacy which singles
them out from the politically “prevailing” gathering dread that they may either

us
be kept from coordinating themselves into their preferred national group or be

M
accommodated to do as such to the detriment of their personality”.11
h
ar
An established meaning of the expression “minority” given by Prof. L. Worth
lig

signifies that a minority is a gathering of individuals, who, due to their physical

A

or social qualities, are singled out from others in the general public in which they
y,

live for differential and unequal treatment and who, subsequently, view
ar

themselves as objects of aggregate separation. Advance, minority status conveys

br

with it avoidance from full investment in the life of the general public.12
Li

Contemporary sociologists, for the most part, characterise a minority as a

d
za

gathering of individuals – separated from others in a similar society by race,

nationality, religion or language – who considers themselves a separated
A
na

gathering and are thought of by the others as a separated gathering with negative
intentions. Furthermore, they are moderately ailing in power and consequently
la
au

are subjected to specific avoidances, segregations and other differential

treatment.13
M

11. J.A. Laponce, Protection of Minorities, 5 (1960).

12. L. Worth, „The Problem of Minority Group”, in R. Linton (ed). The Science of Man
in the World Crisis, 347 (1945).
13. International Encyclopedia of Social Sciences, Vol. X, 365.
Page | 24
 Chapter- I: Meaning and Concept of Rights of Minorities

The essential components in this meaning of minority are, a) an arrangement of

states of mind – those of gathering distinguishing proof from inside the
gathering and those of partiality from without; and b) an arrangement of
practices – those of self-isolation from inside the gathering and those of

ty
segregation and prohibition from without. An outline of the different meanings

i
rs
of “minority” exhibits that the term is not denoted simply as a factual idea of

ve
“less than 50 percent”.14 Additionally, this test is not said even in the lexicon

ni
importance of the term minority. Or maybe the trial of “predominant” and

U
“commanded” gatherings to portray “dominant part” and “minority” separately

lim
is embraced. So much anxiety is made on the idea of predominant and
overwhelmed that one definition even goes to the degree of saying that there can

us
be no minority, regardless of the possibility that there are recognizing attributes

M
as far as race, religion, language and so on unless there is a going with state of
h
mind of “strength” and “subservience” persistently acknowledged entirely
ar
expected.15 Notwithstanding, it might be called attention to that the thought that
lig

the minority gathering is dwarfed by the larger part or prevailing gathering is not
A

generally genuine. There might be cases where the turnaround is the situation,
y,

e.g. in the Union of South Africa the less number of Europeans overwhelmed the
ar
br

Black Africans dominant part and regarded them as the minority.

Li

None shall be turned away

d

From the shore of this vast sea of humanity

za
A

That is India
na

- Poems by Rabindranath Tagore

la

Linguistically, the expression “Minority” speak to a gathering numerically

au

inferior compared to whatever remains of the number of inhabitants in a state,

M

14. Gould and Kolb (ed), A Dictionary of the Social Sciences, (1964).
15. (a) D.K. Singh: Educational Planning: It‟s Legal and Constitutional Implications
in India. The Indian Law Institute, New Delhi, 1976.
(b) M.P. Jain: Minorities and the Law: The Indian Law Institute, New Delhi, 1972.
(c) M.P. Singh: “Linguistic Minorities and the Role of Judiciary”, International
Journal of Legal Research, Vol. 5, No. 1, 1970, 29.
Page | 25
 Chapter- I: Meaning and Concept of Rights of Minorities

and in a non-prevailing position whose individuals - being nationals of the state

have ethnic, religious or semantic qualities contrasting from those of whatever
remains of the predominant populace and show, if just certainly, a feeling of
solidarity, coordinated towards protecting their way of life, conventions,

ty
religions, and languages.16

i
rs
According to English Language Dictionary, minority means:

ve
“The Minority of people or things is a number of them that form less

ni
U
than half of the larger group; used especially when the number is
much less than half of the larger group”.

lim
The idea of minorities has been a dubious viewpoint ideal from the time such

us
arrangements identifying with them were mooted to be presented in the

M
Constitution of India. Maulana Abul Kalam Azad did not embrace the idea of
h
minorities as he put stock in the peculiarity of the Indian country and nation.17
ar
This was the point at which the Constituent Assembly of which he was a part was
lig

debating the possibilities of having solid arrangements for the minorities. The
A

underlying position of the Advisory Committee in the Constituent Assembly was

y,

to secure the minorities as for their language, script, and culture. The phrased
ar

reference to the now recognized class of minorities was „area of nationals.‟ The
br

„Motilal Nehru Commission‟ or the „Sapru Commission‟ never attempted to

Li

define the term minority. The UN Sub Commission on Prevention of

d
za

Discrimination and Protection of Minorities permeates minorities as including

those “non-prevailing gatherings” in the population which have and wish to save
A

stable ethnic, religious or linguistic customs or attributes especially not quite the
na

same as those of the population and they ought to be a number with the end goal
la
au

16. Akhilesh Patel, „Concept of „Minority‟ and „Minority Status‟ under Indian
Constitution‟ available at: http://jurisonline.in/2016/04/concept-of-
M

%E2%80%98minority%E2%80%99-and-%E2%80%98minority-
status%E2%80%99-under-indian-constitution/ > (April 4, 2016)
17. Abdul Khwaja Muntaqim, Protection of Human Rights-National and International
Perspectives, 79 1st edition, (Law Publishers India Pvt. Ltd. Allahabad, 2004), See
also, Constituent Assembly Debates, 269-315, and 317-315 Vol. III, (Reprint by Lok
Sabha Secretariat, New Delhi, 1999); see also, Constituent Assembly Debates, 473-
500 Vol. VII, (Reprint by Lok Sabha Secretariat, New Delhi, 1989).
Page | 26
 Chapter- I: Meaning and Concept of Rights of Minorities

that they are adequate without anyone else to safeguard such conventions and
characteristics separated from being faithful to the state where they reside in.

The International Covenant on Civil, Political and Social Rights (ICCPSR) in

ty
its Article 27 notwithstanding not expressly characterizing the term minority gives

i
that the states where such gatherings exist, the state must embrace to guarantee

rs
that they are not denied the possibility for the upkeep and advancement of their

ve
way of life. Indeed, even the Declaration on the Rights of Persons Belonging to

ni
National or Ethnic, Religious and Linguistic Minorities that was embraced by the

U
United Nations General Assembly on Eighteenth December 1992 does not portray

lim
minority groups.18 The National Minority Commission in Section 2(c)

us
characterizes minorities as those groups which are notified by the Central

M
government; and which according to the Central government notice incorporates
Muslims 17.22crore (14.2 percent), Christians 2.78crore (2.3 percent), Sikhs
h
ar
2.08crore (1.7 percent), Buddhists 0.84crore (0.7 percent), Parsees (Zoroastrians)
lig

starting at 23rd October and On twentieth January 2014, the Government of India
A

granted the minority status to the Jain people group 0.45crore (0.4 percent) in
y,

India, according to Section 2(c) of the National Commission for Minorities

ar

(NCM), Act 1992. This made the Jain people group which makes for 0.7 crores or
br

0.4 percent of the populace according to 2011 registration, the 6th group to be
Li

assigned this status as a “national minority”, after Muslims, Christians, Sikhs,

d

Buddhists, and Parsees (Zoroastrians). It additionally goes ahead to clear up that

za

any reference to the Hindus as that which would basically incorporate the Sikhs,
A

Jains or Buddhists.
na

The Constitution of India gives to every one of the subjects of the nation a
la

common vote based system which ensures the supreme opportunity of religion to
au

all as a Fundamental Right. The end product of this privilege of the opportunity of
M

18. The UN Sub Commission on Prevention of Discrimination and Protection Minorities

and the International Covenant on Civil, Political and Social Rights (ICCPSR),
Article 27 and the Declaration on the Rights of Persons Belonging to National or
Ethnic, Religious and Linguistic Minorities, 1992 as cited in Abdul Khwaja
Muntaqim, Protection of Human Rights-National and International Perspectives,
791st edition, (Law Publishers (India) Pvt. Ltd., Allahabad, 2004).
Page | 27
 Chapter- I: Meaning and Concept of Rights of Minorities

religion is the chaperon rights to encourage their development in the correct point
of view and in a sound way. It is from this viewpoint that the privilege of different
minorities living as the nationals of our nation accepts its importance. The
minority bunches have no place been communicatively characterized by the

ty
composers of the Constitution anyplace in any of the Articles of the Constitution

i
rs
of our country.19 However, the word finds a liberal specification under different

ve
provisons of the Constitution of India. On an early investigation of Constitution,

ni
we find that minorities have been given a few rights which can be either set in a

U
typical or separate domain. The rights which fall in the „common domain‟ are

lim
those which are appropriate to all subjects of our nation. The rights which fall in
„separate domain‟ are those which are pertinent to the minorities just and these are

us
saved to ensure their character. The refinement between „common domain‟ and

M
„separate domain‟ and their blend have been well kept and secured in the
h
ar
Constitution. The Preamble to the Constitution itself pronounces State to be
lig

Secular which indicates security to all ofthe religious minorities. Similarly

important for them, especially, is the declaration of the Constitution in its
A

Preamble that all citizens of India are to be secured „liberty of thought, expression,
y,

belief, faith and worship‟ and „equality of status and of opportunity‟.

ar
br

In spite of the fact that the Constitution of India uses the expression “Minorities”
Li

at two places under Articles 29 and 30, it doesn‟t define “Minority” anyplace and
d

left it for the knowledge of future era intentionally as the nation had recently come
za

over the traumatic stun of public savagery and segregation, and a growing
A

inclination was envisioned where diverse religious group were guaranteed

na

extraordinary rights under very idea of “minority” idea, imperiling national

la

solidarity. The constitution explicitly perceives just two sorts of minorities i.e.
au

religious and linguistic, however, a few unique arrangements for weaker areas like
M

SC/ST, ladies, handicaps and so forth propose that it likewise perceives

financially, sexually defenseless minorities. India speak to an unparalleled
differing qualities where six noteworthy religions-Hinduism, Islam, Sikhism,

19. Wharton‟s Law Lexicon, 14th edition, (Universal Law Publishing Co. Pvt. Ltd., New
Delhi, 2006).
Page | 28
 Chapter- I: Meaning and Concept of Rights of Minorities

Christianity, Buddhism and Zoroastrianism; two noteworthy language families,

Aryan and Dravidian, with twenty-two authority languages and incalculable
vernaculars and tribal tongues;' three racial strains, Aryan, Dravidian, and proto-
Australoid; and more than two thousand positions, progressively positioned,

ty
endogamous and word related are found. Hence in a pluralistic culture as of our

i
rs
own, any solid meaning of patriotism will undoubtedly make a circumstance of

ve
contention between the greater part and the minorities. Imagining it the

ni
constitution has mooted the idea of secularism on one hand and then again forced

U
on the state under various general and unique laws, positive and negative

lim
obligations to guarantee the viable acknowledgment of a few rights given to
various minorities.

us
The expression “Minority” as an idea has not been sufficiently characterized in

M
the Indian Constitution. In spite of the fact that specifying the social
h
ar
characteristics of religion and language, the Constitution does not give subtle
lig

elements on the topographical and numerical particular of the idea. In the

A

constituent get together verbal confrontation on Article 23, Dr. B. R. Ambedkar20

y,

said,
ar

“It will be noted that the term minority was used therein not in the
br

technical sense of the word „minority‟ as we have been

Li

accustomed to use it for the purposes of certain political

d

safeguards, such as representation in the Legislature,

za

representation in the Services and so on. The word is used not

A

merely to indicate the minority in the technical sense of the word,

na

it is also used to cover minorities which are not minorities in the

la

technical sense, but which are nonetheless minorities in the

au

cultural and linguistic sense. For instance, for the purposes of this
M

Article 23, if a certain number of people from Madras came and

settled in Bombay for certain purposes, they would be, although
not a minority in the technical' sense, cultural minorities .... The
Article intends to give protection in the matter of culture,

20. Constituent Assembly Debates, 922-923 (1948-49).

Page | 29
 Chapter- I: Meaning and Concept of Rights of Minorities

language and script not only to a minority technically, but also to

a minority in the wider sense of the terms as I have explained just
now.”

ty
(i) Provisions of Minorities under the Indian Constitution

i
rs
The framers of the Indian Constitution were not stood up to with any hypothetical

ve
issue of bringing the idea of the minority inside the bounds of a definitional

ni
detailing. They were rendering a pragmatic answer for an issue which was

U
basically political and had stayed in the constantly varying scenarios of India's

lim
political scene for a very long while before Independence. Without, in this
manner, recognizing minority bunches who might be the recipients of the

us
established conferment or without setting out a positive test which would

M
recognize obviously a minority from the dominant part in each given
h
circumstance, they pronounced under Art. 30 (l): “All minorities, regardless of
ar
whether in view of religion or language, might have the privilege to set up and
lig

regulate instructive establishments of their decision.” The assertion barely leaves a

A

shot for the hypothesis with regards to the „people of inherence‟ of the rights
y,

secured by Art. 30 (l) Saying is that in any contention where Art. 30(1) is tried to
ar

be made the premise of a claim to institution or organisation of an instructive

br

institution, the claim must be supportable on verification that the organisation is

Li

referred to was built up by a minority recognizable from others by the attributes of

d

either religion or language or both. “Religion” or “language” being the criteria

za

shown in Article 30, a precondition for the later‟s materialness, the Constitution
A

itself has a tendency to keep the errand of the courts for the ascertainment whether
na

the gathering guaranteeing the security is a gathering identifiable by the qualities

la

of religion or language and is additionally numerically prepondent.

au
M

To this degree, there is by all accounts no trouble, and the legal assessment
appears to have effectively valued that the advantage of Art. 30 (1) is bound to
just two sorts of minorities-religious and semantics. It is this gratefulness which
drove the Delhi High Court to assert that “the main or the primary premise of a
“minority” must be their adherence to one of the numerous religions... also, that

Page | 30
 Chapter- I: Meaning and Concept of Rights of Minorities

alternate elements of the minority are subordinate to the primary element,

specifically its separateness due to the religion.”21

The word minority has been used many times at different places in the Indian

ty
constitution but not specifically give its meaning, it simply refers to the marginal

i
community or population which is less than half of the total population of the

rs
ve
country they may be based on religion or language. In 1928, Motilal Nehru Report
showed protruding efforts to protect the minorities but did not expressly provide

ni
about the term minority. In the light of the constitutional provisions, the

U
government is working for the betterment of the minorities, whether religious or

lim
linguistic. The Sapru Report (1945) initiated also for the Minorities Commission

us
but did not specifically define Minority.

M
Since the independence of India, the Constituent Assembly has been working for
h
ar
the minority rights, The Assembly had set up the Advisory Committee under the
lig

Chairmanship of Sardar Vallabhbhai Patel on the substance of the Fundamental

rights including the rights of minorities with the like objectives of eradicating the
A

religious exploitation. The Advisory Committee appointed five Sub-Committees

y,

in which one was the specifical minorities sub-committee headed by H.C.

ar

Mukherjee a Christian leader from Bengal.

br
Li

The Advisory Committee partially accepted recommendations of Sub-Committee

d

and recommended the following observation to the Constituent Assembly:

za
A

1. Minorities in each unit might be ensured in regard to their language, script,

na

and culture, and no laws or, directions might be sanctioned that may work
onerously or preferentially in this regard.
la

2. No minority whether in view of religion, group or language should be

au

oppressed with respect to entrance into State instructive institutions, nor

M

might any religious guideline be necessarily forced on such minority.

21. A.S.E. Trust v. Director of Education, AIR 1976 Delhi 207.

Page | 31
 Chapter- I: Meaning and Concept of Rights of Minorities

3. (a) All minorities whether in view of religion, group or language should be

free in any unit to build up and control instructive organizations of their
choice.
(b) The State should not while giving State help to schools; oppress

ty
schools under the administration of minorities whether in light of religion,

i
rs
group, or language.

ve
An important origination of minorities would incorporate segments of individuals

ni
who, because of their subsidiary position in the nation overall, are focuses of

U
segregation and in this manner meriting exceptional thought.

lim
In spite of the fact that the Constitution does not delineate a minority or give

us
points of interest identifying with the geological and numerical particular of the

M
idea, plainly the established plan visualizes this to be resolved at the national
h
level. Occasional legal intercessions and categorisation have had significant
ar
repercussions. Throughout the years, legal declarations have looked to give a
lig

confined undertaking to minority rights by restricting them to training and

A

categorising minorities at the State level regarding assurance under Article 30

y,

which gives religious minorities the privilege to set up instructive organizations of

ar

their decision. The legitimation of a prohibitive origination of minority rights can

br

likewise be seen, in this unique circumstance, in the Central Government's

Li

proposition to receive a State-particular thought of minorities.

d
za

In respect to the religious minorities, semantic revamping ought not to so much

A

matter in the activity of their entitlement to set up instructive organizations of

na

their decision or look for confirmation in such establishments or the activity of

other minority rights. In contrast with linguistic minorities, for whom the official
la
au

language matters, there is no coinciding between religious personality and State

limits. For insurance under Article 30, linguistic minorities make claims upon the
M

States as opposed to the Center, yet this need not be so for religious minorities
who are scattered all through India and whose personality is not connected to
particular State(s). In this unique circumstance, characterizing minorities at the
State level would restrict the thought of minorities, involving as it does the

Page | 32
 Chapter- I: Meaning and Concept of Rights of Minorities

selection of a basically factual origination of minorities. In this manner, a

religious gathering, which is numerically inferior than whatever remains of the
number of inhabitants in the State to which it has a place, would be qualified for
be named a minority in that State despite the fact that the gathering might be

ty
numerically in a dominant part in India all in all and henceforth not ailing in

i
rs
power or voice in the basic leadership structures. This will certainly add to the

ve
rundown of minorities and expand the advantages of minority privileges to these

ni
gatherings, even as it will deny similar advantages to gatherings that are

U
minorities as per broadly and universally acknowledged meanings of minorities.

lim
By relationship, a comparative understanding can be put to the words “in light of

us
language” too. That being along these lines, one might say that with the end goal
of Art. 30, a “minority” means a non-prevailing collectivity, recognizable from

M
most of the population by the target elements of religion or language or a
h
ar
combination of both.22 Be that as it may, aside from including the question
lig

concerning what “sorts” of minorities is ensured under the Constitution Article

A

30(1) includes a further question: What extra consideration must be given to

y,

decide if a religious or semantic gathering is a “Minority” qualified for the

ar

security under Article 30(1). The Constitution, in no place answers this question.
br

While Article 23 of the Draft Constitution, comparing to the present Article 30,
Li

was being bantered about, questions were to be sure communicated in the

d

Constituent Assembly get together over the suitability of leaving unclear

za

legitimate rights to vague minorities.23 The Assembly dodged any further

A

elaboration and left it to the knowledge of the courts to supply this oversight.
na

In any case, the feelings of the courts have all the earmarks of being the
la

consequence of an eagerness to peruse excessively in the “exclusion” of Article

au

30(1). In their hunt to locate the obvious missing strings so as to recognize the
M

gatherings entitled the advantages of Art. 30(1) the courts have left aside the
exceptional target which that Article was intended to accomplish.

22. Constituent Assembly Debates, 891-927 Vol. VII 1948.

23. B. Shiva Rao, The Framing of India‟s Constitution, A Study, Bombay, 275 (Tripathi
Pvt. Ltd., 1972).
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 Chapter- I: Meaning and Concept of Rights of Minorities

To finish up the discourse offered above, I would cite these words of Das, C.J., In
re Kerala Education Bill,24

“So long as the Constitution stands as it is and is not altered, it is,

ty
we consider, the duty of this court to uphold the fundamental

i
rights and thereby honour our sacred obligation to the minority

rs
communities who are of our own. Throughout the ages endless

ve
inundations of men of diverse creeds, cultures and races ……

ni
have come to this ancient land from distant regions and climes.

U
India has welcomed them all. They have met and gathered, given

lim
and taken and got mingled, merged and lost in one body.”

us
The architects of the Indian constitution kept in their mind while managing the

M
fragile issue of minority rights. The constitution concentrates on the part of the
h
privileges of the minorities for it tries to interpret the elevated standards of a
ar
general public started on uniformity and value standards into solid reality. The
lig

country will never have the capacity to advance without the all-pervading range of
A

advance permeating over the levels of our social framework and set up, directly
y,

into the profundities of the most profound pockets of unequal presence.25 It is

ar

from this viewpoint that the privileges of minorities as ensured under the
br

Constitution of India accept more prominent standing and significance.

Li

India is a mixture of different qualities as it is a multi-social and pluralistic

d
za

culture. We take pride in our legacy, in our horde of religions, languages and
ethnicities. At the season of autonomy, our point was to accomplish solidarity in
A

assorted qualities to save these individual personalities but to remain a unified,

na

common country. Remembering these elevated goals, the designers of our

la

constitution started drafting the incomparable law of the land, with the expectation
au

that it would be in consonance with these idealistic beliefs. Our founding fathers
M

revered in the Constitutional standards that looked to guarantee for all the natives

24. (1959) S.C.R. 995.

25. Abhishek Tripathy, „The Constitution of India and the Rights of Minority
Commission vis-à-vis Education‟ available at: http://airwebworld.com/Articles/
index.php?Article=1042.?(25th May, 2016).
Page | 34
 Chapter- I: Meaning and Concept of Rights of Minorities

of India the equal chance to create, by securing for them social, financial and
political equity; freedom of thought, expression, conviction, confidence and love;
and equity of status and opportunity.26 These critical standards frame the bedrock
of India's pluralistic and law-based society. They are fundamental for building up

ty
a general public wherein individuals have the chance to appreciate the entire range

i
rs
of human rights inside a significantly durable and stable structure. So as to

ve
accomplish solidarity and trustworthiness of the nation and to relieve any feelings

ni
of trepidation of the minority groups, Articles 29 and Article 30 were given as

U
assurance against the social administration of the prevailing gatherings. Article

lim
29(1) of the Constitution gives that any area of the natives, living in the domain of
India or any part thereof, having an unmistakable language, script or culture of its

us
own might have the privilege to ration the same. Article 29(2) sets out that “no

M
national should be denied induction into any instructive organisationkept up by
h
ar
the State or getting help out of State subsidies on grounds just of religion, race,
rank, language or any of them.” Article 30(1) orders that “all minorities,
lig

regardless of whether in view of religion or language, should have the privilege to

A

build up and regulate instructive establishments of their decision”, while Article

y,

30(2) sets out that “the State should not, in allowing help to instructive
ar
br

institutions, oppress any instructive establishment on the ground that it is under

the administration of a minority, whether in light of religion or language.” 27
Li

Moreover, Article 350-A builds up that “it might be the attempt of each State and
d
za

of each nearby expert inside the State to give sufficient offices to a direction in the
A

native language at the essential phase of training, for children having a place with
linguistic minority groups.”28 The essential point of these Articles is not
na

exclusively to give a superior structure of training for the minorities, additionally

la
au

to enable us to accomplish secularism in the genuine sense. Remembering the

socio-political and verifiable setting, it would surely be a grave mistake to term
M

such positive arrangements as being one-sided against the dominant part (as

26. the Preamble to the Constitution of India.

27. P. M. Bakshi, the Constitution of India, 66-70 (Universal Law Publishing Company,
Delhi 2005).
28. Supra note 2, at 289.
Page | 35
 Chapter- I: Meaning and Concept of Rights of Minorities

specific depreciators and conservative political ideologues do); rather they ought
to be seen in the light of the first expectation of the founding fathers similar to a
driving force or support is given to the minorities to raise their level.

ty
The right to education has been articulated as a fundamental guarantee by the
Supreme Court in the case Mohini Jain29 The Articles being referred to when

i
rs
perused in conjunction with this privilege (as enunciated by the Supreme Court),

ve
augment their own import impressively, as against when perused in isolation.

ni
What's more, as has just been expressed before, that it was the goal of the

U
composers to stand to the minorities included impulse for profiting openings in

lim
the field of instruction, with the goal that they may level up to the dominant part,

us
both economicslly and socially. Assist more this thus would likewise supplement

M
in the method for accomplishing a populist society as visualized by the
Constitution. It was additionally understood, that regarding the way to be utilised
h
ar
for the fulfillment of the previously mentioned purposes, setting down
lig

arrangements in the basic law of predominant commitment itself, would be

A

generally adept.
y,

The entire level-headed discussion in the Constituent Assembly on Article 23 of

ar

the Draft Constitution which later expected the state of the present Articles 29 and
br

30, rotate around this issue: what rights could or ought to be yielded to minorities?
Li

The reference to minorities was a reference to none other than Indian minorities
d

existing in India. The first draft of the principal rights submitted to the Constituent
za

gathering on April 16, 1947, by the Sub-Committee on Fundamental Rights did

A

not contain any arrangement comparing to Article 30(1) and did not by any means
na

allude to the word minority. The letter put together by K.M. Munshi to the
la

Minorities Sub-Committee on a similar date when, alongside some different

au

rights, the rights now framing the piece of Article 30(1) was proposed made a
M

reference on the term “national minorities”. The Drafting board of trustees, looked
for, to make a qualification between the privileges of any segment of the
indigenous population to preserve its language, script or culture and the privilege

29. SCC Vol. 3, 666, 1992

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 Chapter- I: Meaning and Concept of Rights of Minorities

of the minorities in light of religion or language to build up and oversee

instructive organizations of their decision and for this the advisory group
precluded the word “minority” in the prior piece of the draft Article 23 relating to
Article 29, while it held the word in the last piece of the draft Article 23 which

ty
now shapes some portion of the Article 30(1).30

i
rs
B.R. Ambedkar looked to clarify the explanation behind substitution in the Draft

ve
Constitution of the word minority by the words “any area” watching: It will be

ni
noticed that the term minority was utilised in that not in the specialised feeling of

U
the word “minority” as we have been usual to utilise it with the end goal of certain

lim
political shields, for example, portrayal in the Legislature, portrayal in the

us
administration et cetera. The word is utilised not simply to demonstrate the

M
minority in the specialised feeling of the word, it is likewise used to cover
minorities which are not minorities in the specialised sense, but rather which are
h
ar
in any case minorities in the way of life and semantic sense. That is the motivation
lig

behind why we dropped “minority” since we felt that the word may be translated
A

into the limit feeling of the term when the goal of this House… was to utilise the
y,

word “Minority” in a considerably more extensive sense in order to give social

ar

assurance to the individuals who were in fact not minorities but rather minorities'
br

nonetheless.31
Li

Ambedkar‟s clarification that the privilege was accessible not exclusively to

d

minorities in the “technical sense” additionally to minorities in the “wider sense”

za

has an undeniable reference just to that piece of Draft Article 23 which now
A

frames some portion of Article 29(1) and not to what is currently proviso (1) of
na

Article 30. His reparation, accordingly, might be taken to be an endeavour to

la

expand the extent of statement (1) of Article 29 just in order to incorporate inside
au

the term “minority” other minority masses additionally, as examined and outlined
M

by him, and in this way to limit Article 30(1) to those minorities which he
depicted as minorities in the specialised sense, were politically perceived and the

30. Shukla, Constituent Assembly Debate 890.

31. Supra note 12 at 924

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 Chapter- I: Meaning and Concept of Rights of Minorities

most conspicuous among them were spoken to in the Constituent Assembly too.

The entire issue, the extent that this piece of constitution is concerned, that
connected with significant time and endeavors of the designers was to accomplish

ty
an accord on a sacred course of action, between the numerically overwhelming

i
larger part of population considered accordingly on the national scene and the

rs
minorities alluded to over an answer which could give the minorities a sentiment

ve
security against separation, and security against obstruction with those qualities

ni
which had partitioned them separated from the lion's share. Also, it is too clear to

U
ever be noticed that, at no stage was an area of this dominant part at any point

lim
regarded as “minority”. In the event that these presumptions as acknowledged as

us
really mirroring the goal of the individuals who drafted and fuse these

M
arrangement in the sacred record, with an eye in the sky trust that they were
rendering a protected answer for the issue of Indian minorities, it might be
h
ar
contended that where a minority is the chronicled or national setting and its case
lig

depends on religion it must be characterized and determine as far as the number of

A

inhabitants in the entire nation, regardless of its being in numerical greater part in
y,

a specific state; and, where a gathering is not a minority considered thusly in the
ar

national setting, yet is as yet quantifiable as “minority” under Ambedkar‟s

br

extended significance of the term, it might be found out with reference to the
Li

number of inhabitants in the state concerned. The contention is right, it is

d

submitted, if the arrangement in the question is seen against the authentic planned
za

in which they were received, and are interpreted to convey into the impact the
A

genuine soul and goal of the constitution.

na

The Supreme Court while interpreting the extent of Article 29 and 30 of the
la

Constitution in re Kerala Education Bill, held that the right to set up and maintain
au

the educational institution of their own decision is fundamental attendant to one

M

side of the minority to save their particular language, script, and culture through
the educational organisation. The right under Article 30(1) is subjected to proviso
(2) of Article 29 which gives that no citizen might be denied admission into
educational organisation maintained by the state or receiving the aid out of the

Page | 38
 Chapter- I: Meaning and Concept of Rights of Minorities

state fund, on the grounds just of religion, race, caste, language or any of them.32
The court, after reviewing its earlier decisions, held in case of St. Xavier‟s College
v. State of Gujarat that Article 29(1) and 30(1) manage particular issues and
might be considered supplementing each other so far as certain cultural rights are

ty
concerned. Article 30(1) covers the institution imparting general secular

i
rs
education. The question of Article 30 is to empower offspring of minorities to go

ve
out on the planet completely equipped.33

ni
Articles 29 and 30 are assembled together it will not be right to confine the rights

U
of the minority to set up and manage educational institution concerned about

lim
language script and culture of the minorities. The reasons are: Firstly, Article 29

us
presents the fundamental rights of any section of the citizen which will

M
incorporate the majority; whereas Article 30(1) gives all rights on all minorities.
Secondly, Article 29(1) is concerned with language, script or culture, though
h
ar
Article 30(1) manages minorities in light of religion or language. Thirdly, Article
lig

29(1) is concerned with the right to save language, script or culture, though
A

Article 30(1) manages ideal to build up and control instructive establishments of

y,

their preferred minorities. Fourthly, the protection of language, script or culture

ar

under Article 29(1) might be by implies entirely detached with instructive

br

organizations, and alike institutions and regulate instructive establishments by a

Li

minority under Article 30(1) might be detached with any thought process to
d

moderate language, script or culture. A minority may control an institution for

za

religious training, which is entirely detached from any inquiry of monitoring

A

language, script or culture. It might be that Article 29(1) and Article 30(1) cover,
na

however, the previous can't restrain the width of the last mentioned. The extent of
la

Article 30 lay on the way that right to build up and regulate the educational
au

institution of their own decision is ensured just linguistic or religious minorities,

M

and no other area of residents has such a right. Additionally, Article 30(1) gives
the right to linguistic minorities regardless of their religion. It is, along these lines,

32. D.J. De, the Constitution of India, 1102 vol. 1 (Hyderabad, Published by Asia Law
House, Edition 2002).
33. AIR, 1974 SC 1389

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 Chapter- I: Meaning and Concept of Rights of Minorities

not in the slightest degree conceivable to reject secular education from Article
30.34

Article 30(1) guarantees to all minorities based on religion or language the right to

ty
establish and administer educational institution of their own choice. The word
“establish” means to bring into existence. It does not necessarily connote

i
rs
construction of the institution by the minority. 35 In A.M. Patroni v. Asst.

ve
Educational Officer where a school previously runs by some other organization

ni
was taken over by the church, which re-organized and managed it to cater to and

U
in conformity with the school as established by Roman Catholics. The school was

lim
held to have been established by the Roman Catholics for the purpose of Article

us
30(1).36 The right to establish under Article 30(1) means the right to establish real

M
the institution which will effectively serve the need of their community and the
scholars who resort to them.37 The minority is not required to seek prior
h
ar
permission for the establishment of an educational institution.38 Article 30(1) does
lig

not require that the entire community more likely than not been engaged with the
A

establishment of the educational institution. It may be established even by a

y,

humanitarian individual with its own particular means in light of a legitimate

ar

altruistic concern for the minority group, it is qualified for the assurance of Article
br

30(1). However, the negligible certainty that the school was established by a man
Li

having a place with a specific religion did not make it a minority organization.39
d

Once more, where funds, were obtained from abroad to assist in setting up and
za

developing a school, which was established by a minority in India, or that the

A

administration as is carried on now and again by a few people who are not
na

conceived as citizens in India, can't be a ground to deny to the school the

la
au

34. Economic and Political weekly, Minority Rights in Education, Vol. 40, Issue No. 24,
11 (June 11, 2005).
M

35. Professor Narendra Kumar, Constitutional Law of India 270 (Pioneer Publications,
Delhi, Edition, 1997).
36. A.M. Patroni v. Asst Educational Officer, AIR 1974 ker.197
37. Re Kerela education bill, AIR 1958 SC 956
38. Socio Literati Advancement Society Bangalore v. State of Karnataka, AIR 1979
Karn.217
39. Supra note 17 at 271
Page | 40
 Chapter- I: Meaning and Concept of Rights of Minorities

insurance of Article 30(1).40 In like manner, the way that the school was
progressively having a non-Christian director does not prompt the conclusion that
it was not established by the Christians.

ty
(ii) Classification of Minorities

i
rs
Indian Constitution, through Articles 29 and 30, intends to secure the interests of

ve
specific gatherings of minorities. These minorities bunches are chiefly of three
classifications in light of language, religion, and culture and it can be named as

ni
U
(a)Linguistic Minorities, (b) Religious Minorities and (c) Cultural Minorities.

lim
a) Linguistic Minorities

us
The Supreme Court in D.A.V. College, Jullundur v. State of Punjab41 observed:
A linguistic minority for the purpose of Article 30(1) is one which

M
must at least have a separate spoken language. It is not necessary that
h
ar
language should also have a distinct script for those who speak it to be
lig

a linguistic minority.42
A

It might be called to attention that, however, the Constitution says in the Eighth
y,

Schedule twenty-two languages, it is definitely not fundamental that the language

ar

of the minority accumulate is one of the twenty-two languages perceived by the

br

Constitution. Promote it is additionally redundant that linguistic and religious

Li

gatherings must additionally be indistinguishable. In addition, it is a bit much that

the language ought to likewise have a particular script for the individuals who talk
d
za

it to be a linguistic minority.43
A

There are in this nation a few languages which have no script of their own yet
na

regardless those segments of the general population who talk that language will be
a linguistic minority.44 Thus a linguistic minority is a gathering of individuals
la
au

having the first language not the same as that of the lion's share in a State or part
M

40. Bishop S.K Patro v. State of Bihar, AIR1970SC 259

41. AIR 1971 SC 1737
42. Ibid. 1742 para 10
43. Rakesh Kumar Singh, Constitutional Mandate and Rights of Linguistic Minorities,
Notes and Comments, Journal of the Indian Law Institute, 273 Vol. 48 No. 2 April-
June 2006.
44. Id.
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 Chapter- I: Meaning and Concept of Rights of Minorities

thereof. These perceptions are of unequivocal importance for the plan and usage
of safeguards for all linguistic minorities all in all and for those linguistic
gatherings which have no unmistakable script of their own in particular.45
In Jagdeo Singh Sindhanti v. Pratap Singh Daulta46 the Supreme Court observed

ty
that:

i
rs
Right to conserve the language of the citizens includes the right to

ve
agitate for the protection of the language. Political agitation for the

ni
conservation of the language of a section of the citizens cannot,

U
therefore, be regarded as a corrupt practice within the meaning of

lim
Section 123(3) of the Representation of the People Act, 1951...
Unlike Article 19(1), Article 29(2) is not subject to any

us
restrictions.47

M
In Jugal Kishore Kedia v. State of Assam48
h
ar
The applicants thought that they had a place with the Marwari people group which
lig

was a linguistic minority - Hindi is the language. They expressed that however not
their mother language, Hindi was their scholarly and conversational language.
A

They had begun “the Marwari Hindi High School in 1956. One of the debates was
y,

whether the concerned institution was a linguistic minority organization. The

ar
br

primary inquiry was whether the minority status must be chosen the premise of
Li

the medium of the instruction in which the school is run or in regard to the
language of the group itself. For example, if the Gujarati people group begins a
d
za

Marathi medium school in Maharashtra, should the minority status be chosen by

A

keeping the Marathi language or the Gujarati language in focus The Court held
na

that the minority status must be chosen by considering the language of the group
which sets up such an establishment and not the language which is the medium of
la
au

direction of the instructive organization. The second inquiry was whether the
minority aggregate must be settled on the premise of conversational language or
M

45. Id.
46. AIR 1965 SC 183
47. Ibid. 188 para 26
48. AIR 1988 Gau 8
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 Chapter- I: Meaning and Concept of Rights of Minorities

script of the community. In holding that conversational language would be

sufficient to decide the minority status, the Court observed:
We, in this way, hold a linguistic minority for the purpose of
Article 30(1) is to be resolved with reference to the

ty
language spoken by the community also, not with

i
rs
reference to some other language which the

ve
community needs its children to

ni
study...Conversational language might be compared

U
with spoken language, and in that perspective of the

lim
issue, the Marwari people community might be
viewed as a Hindi speaking community.49

us
It is presented that the Court was right in holding that the minority status can be

M
settled on the premise of conversational language. Be that as it may, in perspective
h
ar
of the Supreme Court decisions on the related issue, the Court wasn't right in
lig

holding that an institution would not get minority status on the off chance that it
was set up in a language other than the language of the group building up to it.
A

This is so in light of the fact that the privileges of minorities under Article 30 have
y,

been held to be more extensive than for the unimportant protection of their
ar

language or culture.50
br
Li

The linguistic minority depends on language. Language is a fundamental device

d

for all social presence. Individuals' affection for language goes beyond written
za

history. It is the methods for the articulation of our perplexing and complex
A

musings, and is, maybe, the most critical sign of gathering recognizable proof.
na

India has dependably been a multi-lingual State because of its geographical area
la

and different chronicled powers which have brought into the land individuals with
au

various ethnic starting points and fluctuating society based on religion, language,
M

and philosophy of life. According to the Linguistic Survey of India, There are 22
major languages in India, written in 13 different scripts, with over 720languages.
The official Indian languages are Hindi (with approximately 420 million speakers)

49. Ibid. 14 para 9

50. Mihir Desai, Minority Educational Institutions and Law (1996).
Page | 43
 Chapter- I: Meaning and Concept of Rights of Minorities

and English, which is also widely spoken and philologists have classified them
into four distinct family groups: Indo-Aryan, Dravidian, Austro-Asiatic, and
Tibeto-Chinese. Although there are numbers of language and languages our
Constitution recognizes 22 official regional languages, as given in its Eighth

ty
Schedule and Hindi as the National official language.51 The regional languages

i
rs
are utilised as a part of the greater parts of the States in India for the motivations

ve
behind organisation these multi-lingual States guaranteed the presence of

ni
linguistic minorities inside their limits. By the revamping of the States in 1956

U
which brought about the arrangement of unilingual States, the number of semantic

lim
minorities was diminished. However, it was obvious that even with the use of the
recipe "one language one state" unbendingly, the issue of linguistic minorities

us
couldn't be explained totally. The constraints on the procedure of unification of

M
linguistic domains on the premise of language are that-
h
ar
(i) physically it is hard to amass all the language clusters into
lig

isolated States,
A

(ii) there exists an extensive number of bilingual pockets

y,

between different linguistic areas, furthermore,

ar

(iii) there exists ranges inside a blended populace even inside a

br

unilingual State.52
Li

The Commissioner for Linguistic Minorities explains the term

d
za

„linguistic minorities‟ as:

A

Linguistic minorities are minorities residing in the territory of

na

India, or any part thereof, having a distinct language or script of

their own. The languages of the minority group need not be one
la

of the twenty-two53languages mentioned in the Eighth Schedule

au

to the Constitution. In other words, a linguistic minority‟ at the

M

State level means any group of people whose mother tongue is

different from the principal language of the State, and at the

51. Articles 343 and 344 (1)

52. M. Inam, Minorities and the Law 369 (ed. 1972).
53. Now Eighth Schedule contains as many as 22 languages.
Page | 44
 Chapter- I: Meaning and Concept of Rights of Minorities

district and taluk levels, different from the principal language of

the district of the taluk.54
The significance and extent of the term linguistic minorities' are wide and far-
reaching. Perceiving the presence of linguistic minorities' the 'Founding

ty
Fathers' of the Indian nation looked to ensure, preserve and safeguard the

i
rs
rights of these minorities through Article 29 and 30 which are made major

ve
rights in the Constitution of India. Those arrangements in the Articles are

ni
characteristic accompanying to the minority's entitlement to ration its

U
particular language, script or culture by establishing and administering

lim
educational institutions of their own choice. Further Article 34755 of the
Constitution of India sets out that the President on the request of a generous

us
extent of the number of inhabitants in a State may issue a mandate that its

M
language might be authoritatively perceived all through that State or any part
h
thereof. Article 35056 provides that any person is entitled to submit a
ar
lig

representation portrayal for the change of any grievance to any officer or

specialist of the Union or a State in any of the languages utilised as a part of
A

the Union or in the State, all things considered. Be that as it may, it is seen
y,

that however Articles 347 and 350 are not basic rights like Articles 29 and 30,
ar
br

the privilege of the linguistic minorities has likewise been very much ensured
Li

by those arrangements.
b) Religious Minorities:
d
za

India is having a multi-religious society. Religion have always been a

A

fundamental part among every group of the general public in India. With
na

54. Second Report, Commission for Linguistic Minorities, 57.

la

55. 347. Special provision relating to language spoken by a section of the population of a
au

State. - On a demand being made in that behalf the President may, if he is satisfied
that a substantial proportion of the population of a State desire the use of any
M

language spoken by them to be recognized by that State, direct that such language
shall also be officially recognized throughout that State or any part thereof for such
purpose as he may specify.
56. 350. Language to be used in representations for redress of grievances. - Every person
shall be entitled to submit a representation for the redress of any grievance to any
officer or authority of the Union or a State in any of the languages used in the Union
or in the State, as the case may be.
Page | 45
 Chapter- I: Meaning and Concept of Rights of Minorities

respect to the impact of religion on Indian life, once Dr. B.R. Ambedkar
commented in the Constituent Assembly as,
The religious conceptions in this country are so vast
that they cover every aspect of life, from birth to

ty
death. There is nothing which is not religion.57

i
rs
But the word “religion” is not characterized in our Constitution and it is

ve
not helpless to any unbending definition. It is surely a matter of confidence

ni
however not really mystical.

U
In India, Hinduism is the religion of the greater part and Muslims,

lim
Christians, Sikhs, Parsees are real religious minorities and Buddhists and Jains
are additionally minorities. Despite the fact that Hindus shape by far most of

us
the populace Hinduism is not given any exceptional place in the general

M
public. All religions are given equivalent acknowledgment and security. There
h
ar
is no State religion of India and the explanation behind this is that the Indian
lig

Constitution looks to build up a mainstream nation established on social

equity and it is very much reflected in the Preamble and particular
A

arrangements of the Constitution. A common State goes about as a watchman

y,

of the religious minorities. It is a notable rule that the best protection of the
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religious minorities in a multi-religious society lies in a common nation. It

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was contended in the Constituent Assembly that the religious flexibility

ensured to the minorities in the Constitution was contradictory to the entire
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idea of Secular State. Dr. B.R. Ambedkar clarified the idea of secularism in
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these words:
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It (a secular state) does not mean that we shall not take into
consideration the religious sentiments of the people. All that
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a secular state means is that the Parliament shall not be

competent to impose any particular religion upon the rest of
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the people. That is the only limitation the Constitution

recognizes.58

57. Constituent Assembly Debates, 781 Vol. VII 1948.

58. Parliamentary Debates, Part II, 2466 (1951)
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 Chapter- I: Meaning and Concept of Rights of Minorities

To quote D.E. Smith,

A secular state may be defined as a state which guarantees freedom of
religion to the individual, treats the individual irrespective of his
religion and is constitutionally neither connected to a religion nor

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seeks to promote or interfere with religion.59

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Under this light, the framers of our Constitution incorporated various provisions

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for the protection of the religious minorities. Then again Article 25 unequivocally

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guarantees 'Flexibility of soul and free calling, practice, and engendering of

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religion'.60 The extent of this Article is wide and significant. The adherents of all

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religions whether greater part or minority are similarly allowed flexibility in
issues of religion.

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As indicated in the gist of the Preamble of the Constitution, the composers wanted
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to embrace such protects ensuring that there should be no special treatment for
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any religion since they believed that the minority religious groups may be
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carrying the dread that the religious majority may meddle with their essential
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convictions and beliefs and then they might be oppressed in economic, civic and
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social life of the country for their religion.

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The Constitution of India have ensured appropriately, the opportunity of

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religion as fundamental rights by consolidating Articles 25 to 28 in Part III.

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Article 25 guarantees to all persons the fundamental right to freely profess,

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practice and propagate religion. Article 26 provides for every religious

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denomination the right to establish institutions for the religious purpose. Thus,
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Article 26 is accessible to religious denominations. Religious groups also, groups

have been characterized in different choices rendered by the High Courts and the
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Supreme Court of India.

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A denomination would mean a very much characterized amass inside a

religion. Various High Courts have accepted that for the reasons for Article 30(1)
a religious division is a minority in light of religion. Be that as it may, how can

59. D.E. Smith, India as a Secular State, 408-9 (2015).

60. Aritcle 25 of the Indian Constitution.
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 Chapter- I: Meaning and Concept of Rights of Minorities

one characterize a religious group? Religious denomination under Article 26 has

been characterized to mean a religious group having a typical confidence and
association and assigned by an unmistakable name. The case of S.P. Mittal v.
Union of India61 was worried about Article 26. The Supreme Court did not

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manage Article 30. However, it was held that with a specific end goal to be named

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a religious denomination the accompanying three tests must be fulfilled:

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(1) It must be an accumulation of people who have a system of beliefs or doctrines

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which they view as helpful for their religious prosperity, that is, a typical

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confidence;

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(2) Regular association; and

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(3) Designation by a distinctive name.62

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It is subsequently presented that the expression in light of religion occurred under
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Article 30(1) should intend to incorporate just those minorities who only on the
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premise of characterization as a minority is religion and not a faction or division
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and these minorities in view of religion might have the security under the
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Constitution of India as fundamental rights to establish and administer educational

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institutions of their choice.

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c) Cultural Minorities :
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So far linguistic and religious minorities are concerned one can without
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much of a stretch makes a seeing, yet it is hard to comprehend the importance of

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the word „culture‟. In a normal language “culture” is an aggregate name for the
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materials, the social, religious and aesthetic accomplishment of human gatherings,

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including conventions, traditions, and conduct designs, all of which are brought
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together by basic convictions and qualities. “Culture” is not a solitary thing, both
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of territory, language or content. It incorporates all the totality of the legacy of the
au

past of any group in the material and in addition otherworldly space. Expressions
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of the human experience, the taking in, the sciences, and the religion of logic - all
are incorporated into the culture. The expression “culture” is of wide import and
incorporates social, scholarly, moral and religious parts of life constituting a

61. AIR 1983 SC 1

62. Ibid. 6
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 Chapter- I: Meaning and Concept of Rights of Minorities

particular human behaviour. If a section of the people have a distinct civilization

which is different from the civilization of the majority, such section will constitute
a „cultural minority‟ inside the significance of Article 29(1) as “culture” is showed
up in this Article and as a result of these distinctions it might constitute a different

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ethnic minority.

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The Constitution of India talks about „every one of the components of

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the composite culture of India‟.63 It puts in the cutting edge the thought of a

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particular culture of India which is complex in character. Again there is no such

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social assortment that it is hard to determine culturally who is in minority and

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who is in majority.
According to Dr. S. Radhakrishnan,

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India is a symphony where there are, as in the orchestra, different

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instruments, each with its particular sonority, each with its special
sound.64
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It might be presented that, in its broad dimension, the cultural minority would
incorporate every sort of minority whether religious, linguistic or racial.
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The safeguards ensured under the Constitution can neither be far-reaching

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and sufficiently comprehensive to secure the interests of linguistic, religious and

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cultural minorities under Articles 29 and 30 nor sufficient enough in themselves

without requisite socio-economic conditions.65 Because constitutional safeguards
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only are not enough as the protection of linguistic minorities but also involve
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economic and social issues. The determination of these issues relies upon the
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appropriation of energy also, assets between the larger part and minority
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gatherings, intergroup connections and states of mind and the characterizing

attributes of socio-linguistic.66
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63. Article 351 of the Constitution of India

64. Constituent Assembly Debates, 38 vol. I (1946).
65. Rakesh Kumar Singh, Constitutional Mandate and Rights of Linguistic Minorities,
Notes and Comments, Journal of the Indian Law Institute, 276 (Vol. 48 No. 2 April-
June 2006).
66. Id.
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 Chapter- I: Meaning and Concept of Rights of Minorities

Notwithstanding, there is most likely that constitutional protection can

certainly alter the position of linguistic minorities and add to better relationships
between the majority and minority communities.67
It is submitted that all these different minorities in view of religion,

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language or culture as discussed above, are given constitutional rights by way of

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„cultural and educational rights‟ to safeguard their unique and autonomous

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character in the Indian Society.

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67. Id.
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