The research paper objective is to understand the scope and extent of the term “minority” and about their rights mentioned under our constitution in Article 29 and Article 30.
The paper aims to answer the question of the extension of autonomy granted to minority education institutions to preserve and protect their culture, language, and religion. These rights are the results of uncertainty, insecurities and self doubt among minorities due to their susceptible position in the society. This eventually led to minorities to demand rights which were generally declined by our constituent assembly and as a substitute Article 30 was introduced which came without any restriction to minorities. Nevertheless, it was essential for minorities to understand that the right given under Article 30 was not above the laws which led to intervention of the Hon'ble Supreme Court in the interest of minorities.
The Hon’ble Supreme Court, in the course of interpreting Article 30 of the constitution, through many cases, has laid down the measure and extent of article 30 which is granting minority community the right to administer and establish educational institution for improvement of their community, the constituent assembly intention while providing Article 30 in the constitution is to preclude majority to enforce such laws which takes away minority rights. Thus interference of the Hon'ble Supreme Court was due to the vulnerable position of minorities in the society. The research paper also calls for attention that the right given to minorities is granted with the purpose of safeguarding secularism in the country which is the foundation of the Indian constitution. The author tried to answer the questions of autonomy to minority institutions and also shed light on the question which deals with Article 29 & 30, i.e., State Funding Religious Educational Institutions Consistent With the Constitution's Secular Scheme?