What cultural and educational rights have been provided by the Constitution of India?

ADVERTISEMENTS:

Art. 29:

Protection of interest of minorities. (1) Any section of the citizens residing in the territory of India or any part thereof having a distinct language, script or culture of its own shall have the right to conserve the same (2) No citizen shall be denied admission in to any educational institu­tion maintained by the state or receiving aid out of state funds on grounds only of religion, race, caste, language or any of them.

Art. 29 (1) grants a special right to every section of the citizen of India having different language, script or culture to conserve the same. Thus State cannot create hindrance in this practice. In Jagdev Singh Sidhant, vs. Pratap Singh Daulata AIR, 1960, SCI 83 it was held by the apex court, that “Right to conserve the language of the citizen includes the right to agitate for the conservation of language of a section of the citizens cannot therefore be regarded as corrupt practice within the meaning of S 123 (3) of Representation of people Act 1951 “.

ADVERTISEMENTS:

Clause 2 confers right on the citizen of India to get admission in to any educational institution maintained by the State or receiving aid out of States. No citizen can be denied admission in such educational institution on grounds only of race, caste, language or any of them.

Art. 30, Right of minorities to establish and administer educational institution (1) All minorities whether based on religion or language shall have the right to establish and administer educational institutions of their choice.

1-A:

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.

ADVERTISEMENTS:

(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.

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