The Educational Right of Minority in India: A Constitutional Analysis of Rights, Challenges and Judicial Interpretation of The Rights

Abstract

The India Constitution provides necessary safeguards for the educational rights of the linguistic and religious minorities. Encouraged by the “Objective Resolution moved by Pt. Jawaharlal Nehru”, Under the Constitution of India, art. 30(1) guarantees of minority rights to administer and establish educational institutes of their choice, though, Art. 30(2) prohibits the State from discriminating contrary such institutes just because of they are maintained by the minority. Though, mainly regarding the scope of minority rights, the interpretation of these articles has raised many questions before the Supreme Court or High Courts, the distinction between unaided and aided institutes, and their relationship with the Right to Education under Arti. 21(A) of the Constitute. In this research paper researcher examines the changing judicial interpretation of Arti. 30 and the constitutional protection of minority educational rights. It emphases the equilibrium between the State’s regulatory powers, equality and minority rights. The research paper also highlights the current areas of legal indecision, consistency in interpretation, the need for greater clarity and  application of minority’s educational rights.