Which of the following statements are correct with regard to the Fund...
- Article 30 (1): All religious and linguistic minorities have the right to establish and administer educational institutions of their choice. So, statement (1) is not correct.
- Recently in the VlA Pai Foundation case, the Supreme Court held that the state is well within its rights to introduce a regulatory regime in the "national interest" to provide minority educational institutions with well-qualified teachers in order for them to "achieve excellence in education."
- It said Article 30(1) (right of minorities to establish and administer educational institutions of their choice) was neither absolute nor above the law. So, statement (2) is not correct.
Therefore, the correct answer is d.
Which of the following statements are correct with regard to the Fund...
Fundamental Rights of Minorities in Educational Matters
The correct answer is option 'D', neither 1 nor 2. Let's understand why.
1. Only religious minorities have the right to establish and administer educational institutions.
This statement is incorrect. The right to establish and administer educational institutions is not limited to religious minorities alone. It is a fundamental right available to all citizens of India, irrespective of their religion or minority status. The Constitution of India guarantees the right to establish and administer educational institutions to all individuals or groups, irrespective of their religious or linguistic identity.
2. The right is absolute and not subject to any restrictions by any authority under the State.
This statement is also incorrect. While the Constitution guarantees the right to establish and administer educational institutions, it is not an absolute right and is subject to certain restrictions imposed by the State. The State can impose reasonable regulations and restrictions in the interest of public order, health, morality, and the rights of others. These restrictions are aimed at maintaining the quality of education, ensuring compliance with relevant laws, and protecting the interests of students and society as a whole.
The Constitution of India recognizes the importance of education and its role in the development of individuals and society. It provides for the protection of the rights of minorities in educational matters through various provisions. Some of the key provisions include:
1. Article 29: This article protects the rights of minorities to conserve their language, script, or culture. It allows minorities to establish and administer educational institutions of their choice to protect and preserve their culture and language.
2. Article 30: This article guarantees the right of religious and linguistic minorities to establish and administer educational institutions of their choice. It ensures that minorities have the freedom to impart education in their own language and to preserve their religion and culture.
However, these rights are not absolute and can be subject to reasonable restrictions imposed by the State. The State can regulate educational institutions to ensure that they maintain the standards of education, do not promote any discriminatory practices, and comply with relevant laws and regulations.
In conclusion, neither statement 1 nor statement 2 is correct. The right to establish and administer educational institutions is not limited to religious minorities, and it is not an absolute right but subject to reasonable restrictions imposed by the State.
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