SHORT-REVISION NOTES ON ARTICLE 29 OF CONSTITUTION OF INDIA
ARTICLE 29 : Protection of interests of minorities
INTRODUCTION :
WHAT IS A MINORITY > minority community means community which is numerically less than 50 Percent in a state. [ Re Kerala Education]
LINGUISTIC MINORITY : A linguistic minority for the purpose of Article 30(1) is one which must at least have a separate spoken language. It is not necessary that the language should also have distinct script for those who speak it to be a linguistic minority.
ART.29. Protection of interests of minorities
(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
1.WHO HAS THE RIGHT UNDER THIS ARTICLE ? Any section of the citizens.
2.WHERE> Having residence in the territory of India or any part thereof
3.WHAT IS THE RIGHT> the right to conserve their distinct language, script or culture
4.IS ABSOLUTE : Article 29(1): Rights of citizens to preserve their language, script and culture. Article 29(1) is not subjected to any reasonable restrictions. The right conferred upon the citizens to conserve their language, Script and culture is made absolute by the Constitution.
In D. A.V College Jullunder v State of Punjab : If the University makes provision for an academic and philosophical study and research on the life and teachings of a saint, it cannot be said that the affiliated colleges are being required to compulsorily study his life and teachings.
Article 29(2): Right of the citizen not to be denied admission into any State maintained or State aided educational institution.
TO WHOM ? The right guaranteed under this Article is not restricted to minorities but extends to all citizens whether belonging to majority or minority.
CANNOT BE CONFINED TO MINORITY, ALSO EXTENDS TO MAJORITY : In State of Bombay v Bombay Education Society’s Case held that limiting this right only to minority groups will amount to holding that the citizens of the majority group have no right to be admitted into an educational institution for the maintenance of which they contribute by the way of taxes.
In State of Madras v Champakam’s Case. The Supreme Court held that the classification in the Government order was based on religion, race and caste which were inconsistent with Article 29(2). The only reason for the denial of admission to him was that he was a Brahmin and not a non- Brahmin.
In the State of Bombay v Bombay Education Society: The immediate ground for denying admission in English schools to pupils whose mother tongue was not English was only language and so order could not be upheld. Thus, discrimination in matters of admission on the basis of language was vetoed by the Supreme Court under Article 29(2).
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