Freedom To Establish And Maintain Educational Institutions

Topic 17: Article 30 of the Constitution of India

The primary obligation cast upon the drafting committee of the Constitution of India was to create a framework that defines the political code, structure, procedures, powers and duties of government institutions and set out fundamental rights, directive principles, and the duties of the citizens.?

In the pre-independence era, a vast population had been deprived of basic human rights and needs because of the political instability and the dominant and tyrannical rule of the western colonialism. It was therefore important that the framework of the Constitution encouraged socio-economic development and advocated the principle of democracy, secular state and protected human rights.?

The key pillars for development of any human society are equality, sustainability, productivity and empowerment. The state is entrusted with a duty to protect the interest of all its citizens irrespective of its caste, creed, and religion. Part III of the Indian Constitution contains Fundamental rights which are guaranteed to every citizen.?

A significant portion of the population in India consists of people belonging to the notified minorities. In order to protect the interest of such minorities the Constitution outlines provisions that protect the rights of the minorities and ensures the individual belonging to such minorities also avail the benefit of the fundamental rights which are embodied in the heart of the Constitution.

Educational Rights are basic human rights necessary for upliftment of the individuals who belong to the minority class. An education system plays a pivotal role in ensuring overall development of the society by providing equal opportunities, promoting knowledge, spreading awareness, cultivating ideas and transmitting cultural values.

Article 30 of the Constitution of India therefore provides the right to all minorities to establish and administer educational institutions of their choice. The Article ensures that the State does not discriminate and denies aid to such an educational institution on the pretext of it being set up under the management and administration of a minority. The Article of the Constitution was further amended to protect the rights guaranteed to such educational institutions. The amended Article added that if a situation arises for acquisition of any property of the educational institution, the State is to ensure that the amount fixed for the acquisition of such property was not detrimental to rights guaranteed under the said Article.?

The Supreme Court in the Judgements of P.A. Inamdar v. State of Maharashtra (2005) 6 SCC 537, and The Secretary, Malankara Syrian Catholic College v. T. Jose (2007) 1 SCC 386 ?observed that the right conferred on minorities under Article 30 is only to ensure equality with the majority and not intended to place the minorities in a more advantageous position vis-à-vis the majority.

The Supreme Court in the matter of Ahmedabad St. Xavier’s College Society and Anr. Versus State of Gujarat and Anr.(1974) 1 SCC 717,deliberated upon the scope of Article 30 wherein it has observed that the right has been conferred on religious and linguistic minorities so that they are not prohibited by a legislation from establishing and administering educational institutions of their choice. Article 30 protects minority rights in education to promote national unity and uphold the principles of liberty, equality, and fraternity.

Thus, the Part III of the Constitution of India guarantees certain rights on minority groups to strike a balancing system of liberty and confer equality. These rights however under Article 30(1) are also subject to some regulations as clarified by the Apex Court in a catena of decisions for the protection of various social interests such as health, morality, security of State, public order and the like, for the good of the people is the supreme law.

This article was written by Mr. Darshil Thakkar , Senior Attorney at Vis Legis Law Practice, Advocates