Article 30 of the Indian Constitution and Debunking 30(A) falsehood

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Indian Constitution is the longest written of any country on earth. The document lays down the framework demarcating fundamental political code, structure, procedures, powers, and duties of government institutions and sets out fundamental rights, directive principles, and the duties of citizens.

The constitution has a preamble and 470 articles, which are grouped into 25 parts, with 12 schedules and five appendices, it has been amended 104 times; the latest amendment became effective on 14 January 2019. The fundamental rights laid down to the citizen is covered under Article 12 to 35. Recently, the Article 3o came into the limelight so, let’s discuss the topic in detail.

Article 30 of the Indian constitution grants many rights to the religious or linguistic minorities in the country. Here has been debates on provisions associated with the Article, to do away with the confusion let’s simply put the exact words from the book.

ARTICLE 30: Right of minorities to establish and administer educational institutions in the country.

(1) All minorities (religion or language) shall have the right to administer and establish educational institutions of their choice in the country.

(1A) While making any law providing for the compulsory acquisition of any property of an educational institution established and administered by a minority,  the State shall ensure that the amount fixed for the acquisition of such property under such law would not restrict or abrogate the right guaranteed to them.

(2) The State shall not discriminate against any educational institution managed by a minority in granting aid.

So, in a nutshell, the Article 30 dictates the educational institution shall not discriminate minorities in granting aid and minorities shall have right to establish and administrate educational institute also, the Article instates institute establishment procedures and procurement details.

Based on the on-going conflict of interest, the certain group claims that article 30A prohibits the teachings of Bhagvat Gita, Vedas and Puranas in the Indian schools while article 30 allows the teaching of the Quran, the Hadis in the Madarsa. However, the claim seems to be misleading, as there is no section as 30A in the constitution.

As per the Supreme Court judgement in Malankara Syrian Catholic College case (2007), the honourable judge said, the right conferred to minority communities under Article 30 is only to ensure equality with the majority and not intended to place the minorities in a more advantageous position.

For more details refer to the excerpt from the constitution.

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