Rights of Minorities to Establish and Administer Educational Institutions in India: Some Constitutional Reflections

Abstract

Minority rights have been accepted into the cannons of both the international human rights law and the constitutional laws in most of the post-colonial nation States. Minorities world over – religious, linguistic and ethnic – have been constitutionally recognized as groups needing special protection and safeguards from the majoritarian attitudes or policies of discrimination towards their legitimate interests. Indian Constitutional law is one of the best in the world to provide a detailed catalogue of human rights to which every individual, including those belonging to religious and linguistic minorities, is entitled to enjoy without any discrimination. Besides this, every minority group enjoys religious, linguistic, cultural and educational rights. This paper deals with the rights of minorities to establish and administer educational institutions under the Constitution of India. It explores the Constituent Assembly debates and text of the Indian Constitution on Article 30, which grants minorities right to establish their own educational institutions. Further,the paper looks into the various Supreme Court decisions on the subject in order to better understand the jurisprudence of this fundamental right. The debate in the Constituent Assembly was full of containment as the draft articles on the minority educational institutions were criticized as being group rights and were argued as being against the concept of democracy, justice, and secularism. Also, it was feared by some that it might underpin the national unity. This is one of the reasons behind ambiguous nature of this provision. The biggest loophole of this provision is that it does not define the term “minority”. Despite these problems,the paper argues that Article 30 offers an important space to the minorities to shape their educational situation in accordance to their desires and should be encouraged as it helps the State in dealing with culture-specific factors behind their educational backwardness.