https://en.bharatpedia.org/w/index.php?action=history&feed=atom&title=Article_30_of_the_Constitution_of_IndiaArticle 30 of the Constitution of India - Revision history2026-08-21T01:16:55ZRevision history for this page on the wikiMediaWiki 1.43.6https://en.bharatpedia.org/w/index.php?title=Article_30_of_the_Constitution_of_India&diff=487592&oldid=prevAntoniochx: creating post...2026-01-10T01:46:53Z<p>creating post...</p>
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{{Indian Constitution TOC}}'''Article 30''' is an article of the [[Constitution of India]]. It is included in [[Fundamental rights in India|Part 3]] of the Constitution. Under which the right of minorities to establish and administer educational institutions is described. Article 30 protects the rights of minority communities to develop and manage educational institutions of their choice. All minorities, whether based on religion or language, have the right to develop and manage educational institutions of their choice.<ref name="Unacademy 2022 p9952">{{cite web|url=https://unacademy.com/content/bank-exam/study-material/general-awareness/article-30-indian-constitution/|title=Article 30: Indian Constitution|date=2022-04-29|website=Unacademy|access-date=2024-04-17}}</ref><br />
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In a judgment in the case of Malankara Syrian Catholic College case (2007) the Hon’ble Supreme Court held that the rights given to the minority communities under Article 30 are only to ensure equality with the majority and are not intended to place the minorities in a more advantageous position than the majority.<ref>{{Cite web |title=Article 30: Right of minorities to establish and administer educational institutions |url=https://www.constitutionofindia.net/articles/article-30-right-of-minorities-to-establish-and-administer-educational-institutions/ |access-date=2025-01-04 |website=Constitution of India |language=en-US}}</ref><br />
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== Background ==<br />
The draft Article 23A (Article 30) was debated on 8 December 1948. This allowed minorities to set up and administer their own educational institutions.<br />
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This draft article was initially clause (3) of draft article 23. It was debated separately from draft article 23(1)-(2) on a member's motion.<br />
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One member proposed to give linguistic minorities the right to receive primary education in their own language and script. He invoked similar provisions in the Nehru Report of 1928 and a government proposal in 1948. One member wanted to qualify this proposal by putting the condition that sufficient numbers of such students be available. He pointed out that the constitutional right to freedom of movement meant that people of diverse linguistic backgrounds would settle across the country, and they should not be denied this right. Another member supported this second proposal, arguing that the first was not economically feasible. The Assembly, however, rejected both proposals.<br />
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The draft article was adopted without amendment on 8 December 1948.<ref>{{Cite web|url=https://www.surveyofindia.gov.in/documents/coi-hindi.pdf|title=Constitution of India}}</ref><br />
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{{Cquote|(1) All minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice.<br />
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(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 by or determined under such law for the acquisition of such property is such as would not restrict or abrogate the right guaranteed under that clause.<br />
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(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.<ref name="Anon. g926">{{cite web | url=https://cof.org/sites/default/files/documents/files/India/The%20Constitution%20of%20India%20Article%2030.pdf |title=The Constitution of India| access-date=2024-04-17}}</ref><br />
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== References ==<br />
{{Reflist}}<br />
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[[Category:Articles of the Constitution of India|030]]<br />
[[Category:Books with missing cover]]<br />
[[Category:Education law in India]]<br />
[[Category:Religion in India]]<br />
[[Category:1948 in Indian law]]<br />
[[Category:Religious education in India]]</div>Antoniochx