RIGHTS OF MINORITIES

[Supreme Court Judgement]

Submitted To:- Presented By:-

Advocate Hema Shirodkar Ankit Gupta
Sourabh Khanna
 Minorities - groups held together by ties of
common descent, language or religious
faith and feeling different in these respects
from the majority of the inhabitants of a
given political entity
 Article 29. Protection of interests of
minorities. – (1) Any section of the citizens
residing in the territory of India or any part
thereof having a distinct language, script or
culture of its own shall have the right to
conserve the same
(2) No citizen shall be denied admission
into any educational institution maintained
by the State or receiving aid out of the State
funds on grounds only of religion, race,
caste, language or any of them.
 Article 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.
(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 the
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. Reasons for granting Constitutional rights
to minorities:
 Reservation
 Separate electorate
 Educational rights
 Equality – Children of Bharat Matha with

handicap
 Secularism

2. Education of students – States’

responsibility
 Quality High Standard – of education must

be maintained by the State

3. In ability of the government to give quality
education.
4. Role of private educational institutions in
giving quality education.
5. Problem faced by private and minority
educational institutions from State Government
(unreasonable control over them)
10. Every citizen has the right to establish and
administer educational institutions of their
choice.
 Under Article 19 – right to occupation (to

practice any profession, or to carry on any

occupation, trade or business)
 Education is an occupation

 Education is charitable in nature

11. Every religious denomination or section
thereof has the same right to establish and
administer educational institutions – as
charitable institutions under Article 26(a)

 Article 26. Freedom to manage religious

affairs – Subject to public order, morality
and health, every religious denomination or
any section thereof shall have the right –
 (a) To establish and maintain institutions
for religious and charitable purpose;
12. Areas of Government Control
 Administration – no absolute right
 Government can regulate to maintain

quality education, welfare of students and

employees.
13. Government can frame regulations for –
 Affiliation
 Recognition
 Syllabus
 Examination
 Qualification of – Teachers/Headmaster/

Principal
 Welfare of students/staff(service rules)
14. Control of Administration
 Admission of students

 Welfare of students/staff(service rules)

 Appointment of

Headmaster/Teachers/Principal
 Disciplinary action against (staff)

 Governing body

15. Maximum autonomy for unaided educational

institutions.
16. Less autonomy for aided educational
institutions
 No right to demand aid [see Article 30(2)]

 Government cannot take away your minority

rights because of aid