Consider the following statements regarding the Cultural and Education...
Statement 1 is incorrect: Article 29 grants protection to both religious minorities as well as linguistic minorities.
Statement 2 is incorrect: The Right to establish and administer educational institutions is not absolute. There can be regulatory measures for ensuring educational character and standards and maintaining academic excellence.
Cultural and Educational Rights (Article 29 and 30)
Article 29: Protection of Interests of Minorities
- It provides that any section of the citizens residing in any part of India having a distinct language, script or culture of its own, shall have the right to conserve the same.
- 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, or language.
Article 29 grants protection to both religious minorities as well as linguistic minorities.
- The first provision protects the right of a group while the second provision guarantees the right of a citizen as an individual irrespective of the community to which he belongs.
Article 30: Right of Minorities to Establish and Administer Educational Institutions comprises the following rights:
- To choose its governing body in whom the founders of the institution have faith and confidence to conduct and manage the affairs of the institution.
- To appoint teaching staff (teachers/lecturers and head- masters/principals) as also non-teaching staff; and to take action if there is dereliction of duty on the part of any of its employees.
- To admit eligible students of their choice and to set up a reasonable fee structure.
- To use its properties and assets for the benefit of the institution.
- 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. There is no reverse discrimination in favour of minorities.
- The Right to establish and administer educational institutions is not absolute. It does include the right to mal-administer. There can be regulatory measures for ensuring educational character and standards and maintaining academic excellence.
View all questions of this test
Consider the following statements regarding the Cultural and Education...
Cultural and Educational Rights, as enshrined in the Indian Constitution, aim to protect the interests and promote the development of linguistic and religious minorities in India. These rights are mentioned in Articles 29 and 30 of the Constitution. Let us analyze the given statements:
1. Article 29 recognizes the rights of linguistic minorities only:
The statement is incorrect. Article 29 of the Indian Constitution recognizes and guarantees the rights of both linguistic and religious minorities. It states that any section of citizens residing in India having a distinct language, script, or culture of its own shall have the right to conserve and promote the same.
- Article 29 protects the rights of both linguistic and religious minorities.
- It grants them the freedom to conserve and promote their distinct language, script, or culture.
- This provision ensures that minority communities are not forcibly assimilated into the dominant culture.
2. The educational institutions of minorities do not fall under any regulations of the concerning State authority:
The statement is incorrect. Article 30 of the Indian Constitution specifically deals with the right of minorities to establish and administer educational institutions of their choice. However, it does not mean that these institutions are exempt from regulations.
- Article 30 guarantees the right of religious and linguistic minorities to establish and administer educational institutions of their choice.
- These institutions are subject to reasonable regulations imposed by the State in the interest of maintaining educational standards and preventing exploitation.
- The State can frame regulations related to curriculum, qualifications of teachers, and the conditions for grant of recognition.
Therefore, both statements are incorrect. Article 29 recognizes the rights of both linguistic and religious minorities, while Article 30 allows minorities to establish educational institutions while subject to reasonable regulations imposed by the State.
In conclusion, the correct answer is option 'D' - Neither 1 nor 2.
To make sure you are not studying endlessly, EduRev has designed UPSC study material, with Structured Courses, Videos, & Test Series. Plus get personalized analysis, doubt solving and improvement plans to achieve a great score in UPSC.