Article 30 of the Costitution of India with Case law
Here is a detailed explanation of Article 30 of the Constitution of India along with important case laws:
📜 Article 30 – Right of Minorities to Establish and Administer Educational Institutions
🔹 Full Text of Article 30
Article 30(1):
All minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice.
Article 30(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 for the acquisition of such property is such as would not restrict or abrogate the rights guaranteed under that clause.
Article 30(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.
✅ Key Features of Article 30
Applies to religious and linguistic minorities.
Ensures freedom to establish and run educational institutions without interference.
Protects minority institutions from discriminatory denial of aid.
Allows State regulation to ensure academic standards, but not to take over management.
⚖️ Important Case Laws on Article 30
1. Kerala Education Bill Case (1957)
In re: The Kerala Education Bill, 1957, AIR 1958 SC 956
Issue: Whether regulations under the Kerala Education Bill infringed minority rights under Article 30.
Judgment: The Supreme Court upheld minority rights but also stated that reasonable regulations by the State in the interest of academic excellence are allowed, provided they do not violate autonomy.
2. St. Xavier’s College v. State of Gujarat (1974)
AIR 1974 SC 1389
Issue: Whether State control over appointments in minority institutions is valid.
Judgment: Minority institutions have full autonomy in administration, including appointments. Excessive government interference violates Article 30.
3. T.M.A. Pai Foundation v. State of Karnataka (2002)
(2002) 8 SCC 481
Issue: Whether unaided private minority institutions have the same rights under Article 30.
Judgment:
Right to establish and administer is a fundamental right under Article 30.
Minority institutions can admit students of their choice but must not exclude meritorious students altogether.
Reasonable regulations for academic excellence are permissible.
4. P.A. Inamdar v. State of Maharashtra (2005)
(2005) 6 SCC 537
Issue: Extent of reservation in minority unaided professional colleges.
Judgment: The State cannot impose quotas or reservations in unaided minority institutions. Minority institutions have the right to admit students of their choice, subject to fairness and transparency.
5. Pramati Educational and Cultural Trust v. Union of India (2014)
(2014) 8 SCC 1
Issue: Applicability of Right to Education Act to minority institutions.
Judgment: Minority institutions (both aided and unaided) are exempt from the RTE Act to preserve their autonomy under Article 30.
6. Society for Unaided Private Schools v. Union of India (2012)
(2012) 6 SCC 1
Clarified that the Right to Education Act applies to non-minority unaided private schools but not to unaided minority institutions.
🧠 Summary of Protections Under Article 30
| Feature | Protected Right |
|---|---|
| Who is protected? | Religious and Linguistic Minorities |
| What is protected? | Right to establish and administer educational institutions |
| Can the State regulate them? | Yes, but only to ensure standards, not to control management |
| Can minority institutions get government aid? | Yes, and the State cannot discriminate when granting aid |
| Are they subject to RTE Act? | No (as per Pramati case) |
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