Cultural and Educational Rights: Article 29 and 30
Published on: 2 July, 2020
The Cultural and Educational Rights are the 5th Fundamental Right which is given in our Constitution. This right consists of Article 29 and Article 30. This fundamental right is giving the full liberty to an individual to protect their distinct language, script and culture. It is also stopping any kind of discrimination by the State which is based on religion, race, caste and language.
Let us try to understand each article 1 by 1:
1. Article 29: Introduction
This is the first Article of Cultural and Educational Rights (Article 29- 30) which is given in our Constitution. This Article is applied to the citizens of the country. This means that foreigners or outsiders cannot claim the rights given under this article.
Article 29 Clause 1: Right to conserve the Language, Script or Culture
This clause is saying that any section of the people of this country who are living in this country shall have the full right to preserve their language, script and culture. Following conditions must be satisfied to implement this clause:
1. The person must be a citizen of India.
2. The citizen must be residing in the country.
3. That section of a citizen must have a distinct language, script or culture.
This clause is saying that any section of the people of this country who are living in this country shall have the full right to preserve their language, script and culture. Following conditions must be satisfied to implement this clause:
1. The person must be a citizen of India.
2. The citizen must be residing in the country.
3. That section of a citizen must have a distinct language, script or culture.
The power given under clause 1 of this article can also be exercised by setting up educational institutions and teaching own distinct language or culture in it.
In the case of D.A.V. College, Jalandhar v. the State of Punjab, AIR 1971, and the Supreme Court said that setting up of University and teaching Punjabi language in it is not infringing the clause 1 of Article 29.
In the case of D.A.V. College, Jalandhar v. the State of Punjab, AIR 1971, and the Supreme Court said that setting up of University and teaching Punjabi language in it is not infringing the clause 1 of Article 29.
Protection of Culture is one of the most important part of Cultural and Educational Rights.
Article 29 Clause 2: Right of a Citizen to admission to Educational Institutions
The rights under this clause are given to every citizen of India. The clause is saying that there won’t be any discrimination on the matters of admission in the educational institutions which are maintained by the state or are given aid out of State funds solely based on religion, race, caste, language or any of them.
The rights under this clause are given to every citizen of India. The clause is saying that there won’t be any discrimination on the matters of admission in the educational institutions which are maintained by the state or are given aid out of State funds solely based on religion, race, caste, language or any of them.
Where will article 29 (2) be applied?
This clause will only apply when the discrimination is based on religion, race, caste, language or any of them. When there is discrimination in admission based on something else then this clause won’t be applied. For example when the discrimination is based on domicile, then there won’t be any infringement of this clause.
This clause will also not apply to the educational institutions which are getting no grants from the State.
This clause will also not apply to the educational institutions which are getting no grants from the State.
What is the difference between Article 15 (1) and 29 (2)?
Both of these articles prohibit discrimination against the citizens but there are some major differences between them:
1. Article 15 (1) is applied only on the educational institutions which are made by the State. On the other hand, Article 29 (2) is applied to the educational institutions by the State as well as on the Private educational institutions which are getting paid from the State.
2. Article 15(1) protects against all kinds of discrimination while Article 29 (1) is protecting only against the denial of admission in the educational institutions which are getting aid or are maintained by the State.
3. Article 15 (1) is wider in operation as compared to Article 29 (1). As there are more types of discrimination covered under Article 15 like the discrimination based on sex and place of birth.
1. Article 15 (1) is applied only on the educational institutions which are made by the State. On the other hand, Article 29 (2) is applied to the educational institutions by the State as well as on the Private educational institutions which are getting paid from the State.
2. Article 15(1) protects against all kinds of discrimination while Article 29 (1) is protecting only against the denial of admission in the educational institutions which are getting aid or are maintained by the State.
3. Article 15 (1) is wider in operation as compared to Article 29 (1). As there are more types of discrimination covered under Article 15 like the discrimination based on sex and place of birth.
2. 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.
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 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:
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.
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:
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.
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.
Conclusion: Cultural and Educational Rights
Finally, we can say that the Indian Constitution is giving the full right to an individual and even a foreigner under Article 30 to protect their culture and create educational institutions which will protect their culture and save them from extinction. This gives a feeling of Unity in diversity to each and every citizen and makes them feel that the State is not going to destroy their culture or language.
