Article 30 (2) of Constitution
- September 28, 2021
- Posted by: OptimizeIAS Team
- Category: DPN Topics
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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?
- Article 30 was adopted on December 8, 1948.
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.