Fundamental Rights: Article 30

  • What is it?: Right of Minorities to Establish and Administer Educational Institutions
    • Article 30 grants the following rights to minorities, whether religious or linguistic:
      • Minorities have the right to establish and administer educational institutions of their choice.
      • The 44th Amendment Act of 1978 ensures that the compensation for the compulsory acquisition of property from a minority educational institution does not infringe upon their rights to operate.
      • The State cannot discriminate against any educational institution managed by a minority when granting aid.
    • Minority educational institutions are of three types
      • Institutions that seek recognition as well as aid from the State;
      • Institutions that seek only recognition from the State and not aid;
      • Institutions that neither seek recognition nor aid from the State.
  • The institutions of first and second type are subject to the regulatory power of the state about syllabus prescription, academic standards, discipline, sanitation, and employment of teaching staff. 
  • The institutions of third type are free to administer their affairs but subject to operation of general laws like contrct law, labour law, industrial law, tax law, economic regulations
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