Article 29: Protection of interests of minorities

Leading cases

• T.M.A. Pai Foundation v. State of Karnataka (2002)An eleven judge Bench held that all citizens may establish and administer educational institutions under Articles 19(1)(g) and 26, minorities also under Article 30, with minority status judged State-wise; the Unni Krishnan scheme was held unconstitutional.
• State of Madras v. Champakam Dorairajan (1951)The Communal G.O. allotting seats in State medical and engineering colleges by religion and caste violated Article 29(2) and was void under Article 13; directive principles cannot override fundamental rights.
• Rev. Father W. Proost v. State of Bihar (1968)The right of a religious minority under Article 30(1) to establish and administer educational institutions of its choice is not limited by Article 29(1); St. Xavier's College, Ranchi had that protection and was exempt under Section 48-B.
• Society for Unaided Private Schools of Rajasthan v. Union of India (2012)The majority upheld the Right of Children to Free and Compulsory Education Act, 2009, including the 25% admission requirement in Section 12(1)(c), for unaided non-minority schools, but held that the Act does not apply to unaided minority schools.

Questions on this article

7 questions in 18 of our papers cite Article 29. Try these from the free papers:

1. 1. Article 30(1) confers the right to establish and administer educational institutions of their choice on all minorities based on:

   A.religion or cultureB.language or scriptC.religion or languageD.religion, language or caste
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2. 2. A privately managed college that is neither maintained by the State nor receives any aid out of State funds refuses admission to a citizen only because of his language. He files a writ petition relying solely on Article 29(2). Which statement is correct?

   A.Article 29(2) is not attracted, because it covers only State-maintained or State-aided institutionsB.Article 29(2) is violated, because it applies to every educational institution in IndiaC.Article 29(2) is violated, provided the college is affiliated to a university established by lawD.Article 29(2) is not attracted, because language is not one of the grounds mentioned in Article 29(2)
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3. 3. Cultural and Educational Rights are guaranteed under which Articles?

   A.Articles 25-28B.Articles 19-22C.Articles 14-18D.Articles 29-30
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