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Cultural and educational rights of the minorities under Indian constitution

By: Material type: TextTextPublication details: New Delhi; Deep & Deep; 1985Description: 286 pSubject(s): DDC classification:
  • 342.085 KUM
Summary: The Constitution of India has conferred a host of special rights to minorities. How ever, number of conflicts have arisen, particularly between the claim of the minorities to establish and administer educational institutions of their choice and the claim of the State to regulate the rights of the minorities concerning the establishment and administration of their educational institutions, guaranteed by Article 30 of the Constitution. The object of the present study is to explore if the judiciary has been successful in balancing the conflicting rights of the minorities and the State. This leads us to pin point the judicial principles laid down and to evaluate them. The major issues like the minority status and its proof, right to establish and administer educational institutions, the problem of recognition and affiliation, state-aid, medium of instruction, admission, the governing bodies and the extent of the power of the State to regulate have been exhaustively dealt with. Attention has also been given to find out whether the intention and spirit that underlines the language of the fundamental rights have how far been achieved. The study is divided into six Chapters. First Chapter is concerned with the events that ultimately led to the adoption by the Constituent Assembly of the rights guaranteed to the minorities. Second Chapter deals with Who is a 'minority'? that is, who are the persons of inherence of the rights guaranteed by Clause (1) of Article 30 of the Constitution. Third Chapter is concerned with the scope of Article 29 and its relation with Article 30(1). Fourth Chapter discusses in detail scope of Clause (1) of Article 30 of the Constitution and the Fifth Chapter is concerned with State-aid to the educational institutions established by the minortities. Last Chapter records conclusions.
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The Constitution of India has conferred a host of special rights to minorities. How ever, number of conflicts have arisen, particularly between the claim of the minorities to establish and administer educational institutions of their choice and the claim of the State to regulate the rights of the minorities concerning the establishment and administration of their educational institutions, guaranteed by Article 30 of the Constitution. The object of the present study is to explore if the judiciary has been successful in balancing the conflicting rights of the minorities and the State. This leads us to pin point the judicial principles laid down and to evaluate them. The major issues like the minority status and its proof, right to establish and administer educational institutions, the problem of recognition and affiliation, state-aid, medium of instruction, admission, the governing bodies and the extent of the power of the State to regulate have been exhaustively dealt with. Attention has also been given to find out whether the intention and spirit that underlines the language of the fundamental rights have how far been achieved.
The study is divided into six Chapters. First Chapter is concerned with the events that ultimately led to the adoption by the Constituent Assembly of the rights guaranteed to the minorities. Second Chapter deals with Who is a 'minority'? that is, who are the persons of inherence of the rights guaranteed by Clause (1) of Article 30 of the Constitution. Third Chapter is concerned with the scope of Article 29 and its relation with Article 30(1). Fourth Chapter discusses in detail scope of Clause (1) of Article 30 of the Constitution and the Fifth Chapter is concerned with State-aid to the educational institutions established by the minortities. Last Chapter records conclusions.

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