An Analysis on the Rights of Minority to Establish and Administer Education Institutions in India

  • Nandhini G. and Naveen A.
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  • Nandhini G.

    LL.M. student at The Central Law College Salem, India

  • Naveen A.

    LL.M. student at Tamilnadu Dr Ambedkar Law University SOEL, Chennai, India

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The majority of the post-colonial nation States have incorporated minority rights into their constitutions as well as the canons of international human rights law. Religious, linguistic, and ethnic minorities all over the world have been constitutionally recognised as groups in need of specific safeguards and protection from majoritarian attitudes or policies that discriminate against their legitimate interests. The Indian Constitution is among the best in the world at outlining a comprehensive list of human rights that everyone, including those who are being a member of a linguistic or religious minority entitles one access benefits without hindrance. In addition, every minority group is granted rights related to religion, language, culture, and education. In accordance with the Indian Constitution, this essay discusses minorities’ rights to start and run educational institutions. It examines the discussions in the Constituent Assembly and the language of Article 30 of the Indian Constitution, which allows minorities to start their own educational institutions. The study also examines the many Supreme Court rulings on the topic in order to comprehend the legal framework around this fundamental right the draught paragraphs on minority educational Institutions were condemned as group rights and claimed to be opposed to the concepts of democracy, justice, and secularism during the Constituent Assembly’s discussion, which was characterised by restraint. Others worried that it may undermine the nation’s unity. This is one of the causes of this provision’s unclear nature. The primary flaw in this the term “minority” Is not defined under this provision. Despite these issues, the article contends that Article 30 provides minorities with a crucial opportunity to create their educational environment in accordance with their needs.




International Journal of Law Management and Humanities, Volume 7, Issue 2, Page 1427 - 1446


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