Fundamental Rights: Cultural Rights (Articles 29-30)

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Article 29 of the Constitution of India

 Protection of interests of minorities.—

(1) Any section of the citizens residing in the territory of India or any part thereof having a distinct language, script or culture of its own shall have the right to conserve the same.

(2) 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, language or any of them.

Article 30 of the Constitution of India

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) Article 30 (2) is another prohibition against discrimination by the State.

In granting aid to educational institutions, the State shall not discriminate against institutions managed by any minority-religious or linguistic. Hence, minority institutions will be entitled to State aid in the same way as other institutions.

Where aid is denied on the ground that the educational institution is under the management of a minority, then such a denial would be invalid. Also, the receipt of aid cannot be a reason for altering the nature or character of the recipient institution.

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Article 30(2) recognizes that the minority nature of the institution should continue, notwithstanding the grant of aid.

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