Article 30 grants the religious or linguistic minorities certain rights:
Article 30 (1) ensures that all minorities 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 that clause.]
Article 30 (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
Features of Article 30
- Scope: In contrast to Article 29, the protections offered by Article 30 are exclusively for minorities (either religious or linguistic) and do not apply to other groups of citizens.
- Objective: The rights granted to minorities under Article 30 aim to ensure equality with the majority rather than to give minorities a privileged status over them. There is no provision for reverse discrimination favouring minorities.
- Definition of minority: The Constitution does not provide a definition for the term ‘minority.’
- Compensation amount:The compensation amount determined by the State for the mandatory acquisition of property from a minority educational institution must not limit or invalidate the rights guaranteed to them. This provision was introduced by the 44th Amendment Act of 1978.
Types of Minority Institutions
- Institutions that apply for recognition and also seek aid from the State;
- Institutions that seek only recognition from the State without assistance; and
- Institutions that do not seek recognition or aid from the State.
Institutions of the first two types are subject to state regulatory authority concerning the syllabus, academic standards, discipline, sanitation, and hiring of educators. The third type of institution has autonomy in managing their affairs but remains subject to general laws, such as contract, labor, industrial, tax, and economic regulations.
The National Commission for Minority Educational Institutions Act, 2004 addresses all matters concerning the classification of any institution as a Minority Educational Institution. Any individual looking to establish a minority educational institution must obtain a no-objection certificate [NOC] from the commission.
Provisions under Article 30
In the Secretary of Malankara Syrian Catholic College case (2007), the Supreme Court outlined the fundamental principles surrounding the establishment and governance of minority educational institutions as follows:
Right of minorities
The rights of minorities to establish and run educational institutions of their choosing include:
- Governing body: Founders have the authority to select their own governing body to manage and oversee the institution’s affairs according to their beliefs and trust;
- Appoint staff: The ability to appoint teaching staff (teachers, lecturers, and principals) as well as non-teaching staff and to take disciplinary action against such employees in cases of neglect of duty;
- Fee structure: The authority to create a fair fee structure and admit qualified students according to set criteria;
- Use of property: The right to utilize its properties and assets for the institution’s benefit;
- Application of general laws: General laws applicable to the nation regarding national interests, security, social welfare, public order, morality, health, sanitation, and taxation shall equally apply to minority institutions as well.
Article 30: A Qualified Right Balancing Minority Autonomy and State Regulations
- Regulation of Institutions: Regulatory measures can be implemented to ensure the educational character and standards, as well as to maintain academic excellence.
- Proper checks: Oversight of administration is permissible to guarantee its efficiency and soundness to prevent mal-administration, thereby adequately meeting the institution’s academic requirements.
- State regulations: The State may enforce regulations concerning the welfare of students and teachers, establish eligibility criteria and qualifications for hiring, set conditions of employment for all personnel (both teaching and non-teaching), prevent the exploitation of staff, and dictate the syllabus and curriculum. Such regulations do not interfere with the rights under Article 30(1) in any way.
Autonomy of Unaided Minority Educational Institutions
Unaided minority educational institutions have the autonomy to appoint teachers or lecturers by following any reasonable selection process, provided they meet the eligibility qualifications set by the State.
State Aid and Minority Educational Institutions
The provision of aid by the State does not change the nature and identity of the minority educational institutions. The State may impose certain conditions to ensure that the aid is used appropriately, without compromising or reducing the rights granted under Article 30(1).
Supreme court Judgments
T.M.A Pai Foundation v. State of Karnataka case
In 1984, the Governor of Karnataka promulgated an ordinance which prevented the educational institutions from charging excessive fees and passed an order on fixed intake. This ordinance was challenged by TMA Pai Trust which said that it fell into the category of Minority unaided private educational institution i.e. it was not receiving any aid from the State. Thus, the Government ordinance infringed on the right of minorities to establish and administer educational institutions.
Questions which came before the Supreme court
- Whether there is a provision under which one can establish and administer educational institutions or not?
- How the linguistic or religious minorities are decided – on the basis of a specific state or the whole country?
- If the Government regulation on the minority aided or unaided violative of article 30?
- To which extent the Government can impose restrictions on minority aided and unaided institutions?
Supreme Court Verdict on T.M.A. Pai Case
In the ruling, the bench addressed various concerns related to the independence of private minority educational institutions.
- Not absolute rights: The entitlement to establish and manage educational institutions under Article 30 is not an absolute right.
- Minorities decided on the basis of state: The Court ruled that both religious and linguistic minorities would be identified based on individual states rather than on a national level.
- Provision for aided minority private educational institutions: The state is permitted to implement reasonable regulations to ensure the quality of institutions. However, the Government cannot interfere in the daily operations of aided minority private institutions.
- Provision for unaided minority institutions: The regulatory measures imposed by the state should be minimal, such as those concerning the hiring of teaching and non-teaching staff, as well as administrative oversight. When it comes to admissions in minority unaided educational institutions, these institutions are entitled to select and admit students of their choice, but the selection process must be equitable and transparent.
Azeez Basha v. Union of India
Background
- In 1965, amendments were introduced to the Aligarh Muslim University Act of 1920. The amendment diluted the powers of the university board and had made it an advisory body. This amendment was challenged before a constitutional bench in Azez Basha vs. Union of India case. The primary issue was that the amendment violated rights granted under Article 30. Thus, the amendment was challenged on the grounds that it impinged on the freedom of minorities to administer the university as per their choice.
Verdict
- Right to administer: The Supreme Court determined that institutions not established by minority groups cannot claim the right to manage them. In the case of Aligarh Muslim University, it was founded by the Central Government through legislative action.
- Decoded Article 30: The words mentioned in article 30 (1) ‘Establish’ and ‘Administer’ have to be read in coordination. It means that only when a minority has established a minority institution, it can claim a right to administer it. But not otherwise.
Landmark Supreme Court Judgments Shaping Minority Rights in Education
- State of Bombay vs Bombay Educational Society, 1954: The court ruled that minorities are entitled to teach children from their communities in their own language.
- Kerala education case, 1958: The ruling established that the identification of a minority, for the purpose of Articles 29 and 30 of the Indian Constitution, should be based on the total population of the state.
- Jagdev Singh Sidhanti vs Pratap Singh Daulta, 1965: The Supreme Court held that the right to conserve the language includes the right to agitate for the protection of the language. Hence, political speeches or promises made for the conservation of the language of a section of the citizens does not amount to corrupt practice under the Representation of the People Act, 1951.
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- St. Xaviers College vs The State of Gujarat, 1974: The court decreed that the structure of the Selection Committee for hiring academic staff in a minority college must be controlled by the administration of that minority educational institution. The affiliated University may only stipulate qualifications for academic personnel.
- St. Stephen’s college vs. University of Delhi, 1992: : Minority-funded educational institutions can allocate 50 percent of seats for candidates from their community and are allowed to prioritize them for admission to maintain the character of minority institutions.
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