Constitution of India : Article 30: Right of minorities to establish and administer educational institutions

Article 30: 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.

Backgroung

Article 23A, Draft Constitution, 1948 (3) (a) All minorities whether based on religion, community or language shall have the right to establish and administer educational institutions of their choice. (b) 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, community, or language. Draft Article 23A (Article 30) was debated on 8th December 1948. It allowed minorities to establish and administer their own educational institutions. This Draft Article was initially clause (3) of Draft Article 23. It was debated separately from Draft Articles 23(1)-(2) on the proposal of a member. One member proposed to give linguistic minorities the right to receive primary education in their own language and script. He invoked similar provisions in the Nehru Report of 1928 and a resolution by the Government in 1948. A member wanted to qualify this proposal by inserting ‘in case of the substantial number of such students being available’. He pointed out that the constitutional right to freedom of movement meant that people from diverse linguistic backgrounds would settle across the country, and they should not be deprived of this right. Another member supported this second proposal, arguing that the first was economically unsound. However, the Assembly rejected both proposals. The Draft Article was adopted on 8th December 1948.