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ART. 30(1) THE CONSTITUTION OF INDIA 97
Cultural and Educational Rights
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 State funds on grounds only of religion, race, caste, language or any of them.
COMMENTS
Prescribing medium of instruction in minority institutions — State of Bombay v Bombay Education Society and Others, AIR 1954 SC 561 : (1955)1 SCR 568.
Kannada as compulsory study at primary stage — General Secretary, Linguistic Minorities Protection Committee and Another v State of Karnataka and Another, AIR 1989 Kant. (FB) : ILR 1989 Kar. 457 (FB)
Kannada as compulsory second language — English Medium Students Parents Association v State of Karnataka and Others, AIR 1994 SC 1702 : (1994)1 SCC 550.
Urban students and Rural students — Suneel Jatley v State of Haryana, AIR 1984 SC 1534 : (1984)4 SCC 296.
Entrance test in Hindi and other regional languages — Hindi Hitrakshak Samiti and Others v Union of India and Others, AIR 1990 SC 851 : (1990)2 SCC 352.
Article 29 preserves secularism. (T.M.A. Pai Foundation and Others v State of Karnataka and Others, 2003(1) Kar. L.J. 1 (SC) : AIR 2003 SC 355 : (2002)8 SCC 481).
The expression “education” in the Articles of the Constitution means and includes education at all levels from the primary school level up to the post-graduate level. It includes professional education. The expression “educational institutions” means institutions that impart education. (T.M.A. Pai Foundation and Others v State of Karnataka, AIR 2003 SC 355 : (2002)8 SCC 481).
Once State aid is taken and Article 29(2) comes into play, then no question arises of trying to balance Articles 29(2), 31 and 30. Article 29(2) must be given its full effect. (T.M.A. Pai Foundation and Others v State of Karnataka, AIR 2003 SC 355 : (2002)8 SCC 481).
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.
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