Article 30: Full Summary with Important cases
Published on: 1 July, 2020
Article 30: Original Text
Right of minorities to establish and administer educational institutions –
1. All minorities, whether based on religion or language, 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.
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.
1. All minorities, whether based on religion or language, 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.
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.
Article 30 gives the right to minorities to manage educational institutions of their own.
Article 30: Introduction
Article 30 is the second and the last article of Cultural and Educational rights which is given under the Constitution of India. This article is giving the right for minorities to establish and administer educational institutions. These minorities can either be religious or linguistic.
Article 30 Clause 1 Explanation
Clause 1 of article 30 says that all the minorities shall have the full liberty to establish and administer educational institutions of their choice. This right is available only for religious and linguistic minorities. This article is available to every person (citizens and foreigners).
Article 30 1(A) was added as part of the 42nd Constitutional Amendment. It says that in case of any property acquired by the government of an educational institution then it the duty of the government to give appropriate compensation.
Article 30 1(A) was added as part of the 42nd Constitutional Amendment. It says that in case of any property acquired by the government of an educational institution then it the duty of the government to give appropriate compensation.
Article 30 Clause 2 Explanation
This clause is prohibiting the State from practising any kind of discrimination while granting aid to educational institutions which are run by a minority.
There are 3 types of minority educational institutions:
There are 3 types of minority educational institutions:
1. Institutions which seek aid and recognition from State.
2. Institutions that only seek recognition and not the aid from State.
3. Institutions that neither seek recognition nor aid from the State.
The first and second type of educational institutions is controlled by the State in various ways like Syllabus, academic standard, discipline, employment of teaching staff etc.
2. Institutions that only seek recognition and not the aid from State.
3. Institutions that neither seek recognition nor aid from the State.
The first and second type of educational institutions is controlled by the State in various ways like Syllabus, academic standard, discipline, employment of teaching staff etc.
The third type of educational institutions is not controlled by the State on the above points. They are free to decide their syllabus, employment of teachers etc. These institutions are only subject to normal laws of the land like Contract Act, Labour Law, and Industrial Law etc.
Important Cases of Article 30
Case 1: T.M.A. Pai Foundation v. State of Karnataka (1993), in this case, a writ petition was filed by the Islamic Academy of Education. This was placed before a bench of 5 Judges. They believed that Article 30 of the Constitution doesn’t give them the power to minority educational institutions to adopt its method of selection of students. So the Judges decided that the questions should be placed before a bench of 7 Judges.
But later the “Education” as a subject was transferred to Concurrent list from the State list. So the Judges decided to transfer the questions to 11 Judges Constitution bench:
1. What is the meaning of Minority under Article 30?
2. What is the meaning of the expression of a minority educational institution?
3. Whether St. Stephens’s case was rightly decided?
In the St. Stephens case it was decided that the government cannot interfere with the admissions of a college which belongs as a minority educational institution.
1. What is the meaning of Minority under Article 30?
2. What is the meaning of the expression of a minority educational institution?
3. Whether St. Stephens’s case was rightly decided?
In the St. Stephens case it was decided that the government cannot interfere with the admissions of a college which belongs as a minority educational institution.
Later the Seven judge constitution bench transferred the matter to 11 Judge Constitution bench. So finally the case was named as T.M.A. Pai Foundation v. State of Karnataka (2002), this bench gave a decision by majority 6:5 and decided the following things:
1. The right to establish and administer educational institutions is given to every person.
2. The term minority will include linguistic and religious minority under Article 30 (1). This minority will be decided based on population in that specific state.
3. The rights given under Article 30 (1) is not absolute it is to be read subject to Article 29 (2) and other fundamental rights.
4. Admission to unaided minority institution cannot be regulated by the State.
1. The right to establish and administer educational institutions is given to every person.
2. The term minority will include linguistic and religious minority under Article 30 (1). This minority will be decided based on population in that specific state.
3. The rights given under Article 30 (1) is not absolute it is to be read subject to Article 29 (2) and other fundamental rights.
4. Admission to unaided minority institution cannot be regulated by the State.
Case 2: Islamic Academy of Education v. State of Karnataka (2003), to clarify the doubts of the T.M.A. Pai Foundation case. Following questions were raised in this case:
1. Can educational institutions fix their fee?
The court gave the judgment that there can be no fixing of fee structure by the government. Every institution is given the freedom to decide their fee structure.
2. Whether minority and non-minority institutions have the same rights?
Minority and non-minority educational institutions have got the same rights. So no regulations can be made which favour majority institutions over the minority ones.
3. Whether private unaided professional colleges are entitled to fill their seats to 100%?
A committee will be formed which will have the powers to inspect all the papers related to tests which are to be conducted. There should be a quota which is to be decided for the admission into these colleges.
The court gave the judgment that there can be no fixing of fee structure by the government. Every institution is given the freedom to decide their fee structure.
2. Whether minority and non-minority institutions have the same rights?
Minority and non-minority educational institutions have got the same rights. So no regulations can be made which favour majority institutions over the minority ones.
3. Whether private unaided professional colleges are entitled to fill their seats to 100%?
A committee will be formed which will have the powers to inspect all the papers related to tests which are to be conducted. There should be a quota which is to be decided for the admission into these colleges.
