Article 30 (2) of Constitution

Subject – Polity

Context – An institution’s right to govt. aid is not a fundamental right: SC

Concept –

What is Article 30 of the Indian Constitution?

Article 30 of the Indian Constitution states the right of minorities to establish and administer educational institutions.
It says: “All minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice.”

When was Article 30 adopted?

Features of Article 30 of the Indian Constitution

Article 30 of the Indian constitution consists of provisions that safeguard various rights of the minority community in the country keeping in mind the principle of equality as well.
Article 30(1) says that all minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice.
Article 30(1A) deals with the fixation of the amount for acquisition of property of any educational institution established by minority groups.
Article 30(2) states that the government should not discriminate against any educational institution on the ground that it is under the management of a minority, whether based on religion or language, while giving aid.

SC recent ruling –

The right of an institution, whether run by a majority or minority community, to get government aid is not a fundamental right. Both have to equally follow the rules and conditions of the aid.
All that Article 30(2) states is that on the ground that an institution is under the management of a minority, whether based on religion or language, grant of aid to that educational institution cannot be discriminated against, if other educational institutions are entitled to receive aid.
If the government made a policy call to withdraw aid, an institution cannot question the decision as a “matter of right”. An institution is free to choose to accept the grant with the conditions or go its own way.