Article 29 of the Costitution of India with Case law
Article 29 of the Constitution of India – Protection of Interests of Minorities
Text of Article 29:
(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.
Key Points:
🔹 Clause (1) – Cultural and Educational Rights:
Protects the right of any group of Indian citizens (not just minorities) to preserve their language, script, and culture.
This right is positive in nature – meaning the State is obligated to protect and encourage this conservation.
🔹 Clause (2) – Protection from Discrimination in Education:
Prohibits discrimination in admission to State-funded or State-maintained educational institutions.
Grounds covered: Religion, race, caste, language.
Ensures equal access to education, irrespective of community background.
✅ Important Case Laws on Article 29:
1. State of Madras v. Champakam Dorairajan (1951)
Facts: Communal reservations in educational institutions in Madras State were challenged.
Held: Such reservations violated Article 29(2) as they were based only on caste.
Impact: First major case where Article 29(2) was invoked, led to the First Constitutional Amendment (1951) which introduced Article 15(4) allowing special provisions for backward classes.
2. T.M.A. Pai Foundation v. State of Karnataka (2002)
Held: The right under Article 29(1) is not confined to minorities – any group of citizens having a distinct culture/language can claim it.
Also ruled that minorities have the right to establish and administer educational institutions under Article 30, and the rights under Articles 29 and 30 are independent but often overlap.
3. St. Stephen's College v. University of Delhi (1992)
Held that a minority institution can reserve up to 50% seats for students of its own community but must admit the rest based on merit and cannot violate Article 29(2).
4. DAV College v. State of Punjab (1971)
Reaffirmed the right under Article 29(1) of linguistic and cultural groups to preserve their heritage.
The State cannot impose policies that dilute this right.
🔍 Difference between Article 29 and Article 30:
| Article 29 | Article 30 |
|---|---|
| Available to any section of citizens | Available only to religious and linguistic minorities |
| Protects culture, language, script | Gives right to establish and administer educational institutions |
| Article 29(2) applies to all citizens | Article 30(1) is specifically for minorities |
📌 Conclusion:
Article 29 plays a vital role in protecting India’s cultural diversity. It safeguards linguistic, cultural, and educational rights of various communities while ensuring non-discriminatory access to educational institutions. It’s a key provision balancing individual rights and national unity.
Article 29 of the Constitution of India – Protection of Interests of Minorities
Text of Article 29:
(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.
Key Points:
🔹 Clause (1) – Cultural and Educational Rights:
Protects the right of any group of Indian citizens (not just minorities) to preserve their language, script, and culture.
This right is positive in nature – meaning the State is obligated to protect and encourage this conservation.
🔹 Clause (2) – Protection from Discrimination in Education:
Prohibits discrimination in admission to State-funded or State-maintained educational institutions.
Grounds covered: Religion, race, caste, language.
Ensures equal access to education, irrespective of community background.
✅ Important Case Laws on Article 29:
1. State of Madras v. Champakam Dorairajan (1951)
Facts: Communal reservations in educational institutions in Madras State were challenged.
Held: Such reservations violated Article 29(2) as they were based only on caste.
Impact: First major case where Article 29(2) was invoked, led to the First Constitutional Amendment (1951) which introduced Article 15(4) allowing special provisions for backward classes.
2. T.M.A. Pai Foundation v. State of Karnataka (2002)
Held: The right under Article 29(1) is not confined to minorities – any group of citizens having a distinct culture/language can claim it.
Also ruled that minorities have the right to establish and administer educational institutions under Article 30, and the rights under Articles 29 and 30 are independent but often overlap.
3. St. Stephen's College v. University of Delhi (1992)
Held that a minority institution can reserve up to 50% seats for students of its own community but must admit the rest based on merit and cannot violate Article 29(2).
4. DAV College v. State of Punjab (1971)
Reaffirmed the right under Article 29(1) of linguistic and cultural groups to preserve their heritage.
The State cannot impose policies that dilute this right.
🔍 Difference between Article 29 and Article 30:
| Article 29 | Article 30 |
|---|---|
| Available to any section of citizens | Available only to religious and linguistic minorities |
| Protects culture, language, script | Gives right to establish and administer educational institutions |
| Article 29(2) applies to all citizens | Article 30(1) is specifically for minorities |
📌 Conclusion:
Article 29 plays a vital role in protecting India’s cultural diversity. It safeguards linguistic, cultural, and educational rights of various communities while ensuring non-discriminatory access to educational institutions. It’s a key provision balancing individual rights and national unity.
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