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Consider the following statements regarding Article 30 of the Constitution of India:
  1. It provides for the rights of minorities to establish and administer educational institutions.
  2. It applies only to religious minorities in India.
Which of the statements given above is/are correct?
  • a)
    1 only
  • b)
    2 only
  • c)
    Both 1 and 2
  • d)
    Neither 1 nor 2
Correct answer is option 'A'. Can you explain this answer?
Verified Answer
Consider the following statements regarding Article 30 of the Constitu...
The Supreme Court recently attempted to strike a balance by remarking that the intent of Article 30 of the Constitution was not to ghettoise minorities by insisting they had the upper hand in administration of the institution.
About Article 30:
  • It is one of the many provisions that ensure the preservation of minority rights. 
  • Article 30 of the Indian Constitution states the right of minorities to establish and administer educational institutions.
  • It says: “All minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice.”
  • It was adopted on December 8, 1948.
  • Features:
  • It consists of provisions that safeguard various rights of the minority community in the country, keeping in mind the principle of equality as well.
  • Article 30(1) says that all minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice.
  • The right is provided by this clause on two types of minorities, namely, religious and linguistic minorities. 
  • Article 30(1A) deals with the fixation of the amount for the acquisition of property of any educational institution established by minority groups.
  • Article 30(2) states that the government should not discriminate against any educational institution on the ground that it is under the management of a minority, whether based on religion or language, while giving aid.
  • Concept of Minorities:
  • The Constitution of India uses the word minority but does not define it.
  • Article 29 of the Indian Constitution uses the word ‘minorities’ in its marginal heading, but it speaks about "any section of the citizens inhabiting the territory of India or any part of the country should have the right to protect their language or script or culture, which is different and varied. 
    • It also says that citizens should be allowed to take admission in any educational institution which is maintained by the State or getting help from State funds whether they vary in religion, race, caste, language, or any of them.
  • Article 30 of the Constitution of India talks only about religious and linguistic minorities.
  • Religious Minority: The basic ground for a community to be nominated as a religious minority is the numerical strength of the community. 
  • Section 2, clause (c) of the National Commission of Minorities Act, declares six communities as minority communities. They are:
  • Muslims
  • Christians
  • Buddhists
  • Sikhs
  • Jains and
  • Zoroastrians (Parsis)
  • Linguistic Minorities:
  • Class or group of people whose mother language or mother tongue is different from that of the majority groups is known as the linguistic minorities. 
  • Article 350-A of the Indian Constitution imposes an obligation on the states to try to provide enough facilities for instruction in the mother language at the primary level of education to children belonging to the linguistic minority community.
Hence only statement 1 is correct.
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Most Upvoted Answer
Consider the following statements regarding Article 30 of the Constitu...
Explanation:

Article 30 of the Constitution of India:

Statement 1: It provides for the rights of minorities to establish and administer educational institutions.

- Article 30 of the Constitution of India indeed guarantees the right of minorities, whether based on religion or language, to establish and administer educational institutions of their choice.
- This provision allows minorities to preserve their culture, language, and religion through the medium of education.
Statement 2: It applies only to religious minorities in India.

- This statement is incorrect. Article 30 of the Indian Constitution is not limited to religious minorities only but extends to both religious and linguistic minorities.
- The rights provided under Article 30 are not restricted to any specific type of minority but are applicable to all minorities, whether based on religion or language.
Therefore, the correct answer is Option A) 1 only, as the first statement accurately reflects the provisions of Article 30 of the Constitution of India.
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