The origin of Article 30 lies in the discussions held primarily in the Second Round Table Conference held in 1931. It was derived from the memorandum submitted by Indian Christian representatives then. The version of the clause in the memorandum actually asked for “equal rights for all religions”. However, in the joint agreement version, that particular phrase was left out.

Therefore, Indian Christians, whose schools received preferential treatment during British Protestant rule, wanted special rights to continue after Independence (the co-author of this piece went to a convent school that started around 1870).

When the Constitution was adopted, the majority community was anyway expected to enjoy complete freedom in matters of culture, religion and educational rights. Alas! That was not to be.

This article looks at various provisions of Article 30 and the Right to Education Act (RTE), their interpretation by courts and how they have been implemented. It is presented in a frequently-asked-questions (FAQs) format for easy reading.

Article 30 provides similar benefits to religious and linguistic minorities.

The first question is who is a religious minority? The Indian Constitution does not define the word ‘minority’ and assumes that Sanatana Dharma is an organised monolith like Abrahamic religions, based on one book and one founder.

In 1950, religious minority meant Muslims, Christians and Parsis. Today it includes Sikhs, Buddhists and Jains. The Constitution does not specify a population percentage beyond which a community ceases to be a minority. This is absurd for it means even at 500 million, Muslims would still be considered a minority because their population is less than that of the Hindus.

This lack of definition has resulted in quaint situations. In Punjab, Sikhs constitute more than 50 per cent of the population but are considered a minority for the purposes of Article 30 since their population, on an all-India basis, is less than that of the Hindus. Ditto for Muslims in the erstwhile state of Jammu and Kashmir or Christians in Meghalaya or Nagaland.

Next, who is a linguistic minority? Since the creation of linguistic states, a community whose mother tongue is the language of the state is the majority and the others minority.

So, a school started by a Gujarati-speaking Hindu in Maharashtra is a linguistic minority because Marathi is the language of the state. If the majority of the trustees of a charitable trust that run a school in Maharashtra are Gujaratis, the school is deemed to be run by a linguistic minority. Needless to say, this provides scope for misuse.

What Is The Current Scenario?

Over time, courts received numerous cases relating to educational rights, and passed judgements interpreting the provisions of the Constitution from the point of view of the majority and minority communities. Here are some significant court orders and their impact.

Q1. What type of institutions can be started by minorities given protection under Article 30 (1)?

According to ‘Kerala Education Bill’ judgement, the Supreme Court, in 1958, made it very clear that Article 30 (1) allows minorities to open and run “any kind of institution”. There are no limitations placed on the subjects to be taught in such institutions, and a particular religion or language may or may not be taught.

The SC judgement said,