Constituition of India Fundamental Rights

one of the fundamanetal rights is been listed in above ppt

1. THE CONSTITUTION OF INDIA

2. FUNDAMENTAL RIGHTS ARTICLES RIGHT TO EQUALITY 14-18 RIGHT TO FREEDOM 19-22 RIGHT AGAINST EXPLOITATION 23-24 RIGHT TO FREEDOM OF RELIGION 25-28 CULTURAL AND EDUCATION RIGHTS 29-30 RIGHT TO CONSTITUTIONAL REMEDIES 32-35

3. CULTURAL AND EDUCATIONAL RIGHTS They are defined in the Part III of Constitution of India under Articles 29 and 30.

4. Why Article 29 and 30 ? Cultural education is a reflection of the cultures and heritage of any society in the world. Every citizen and child is taught to learn their culture and to reflect same to the society. The cultural and educational rights are provided to all citizens of the society to preserve their own culture and language. The Indian society is full of diversity with many cultures, scripts, languages, etc. which is both a strength and a weakness . The complex nature of India hence gives rise these rights in the Constitution.

5. Our constitution makers believe that our strength is in diversity and we have to preserve and save this diversity. The Constitution acts as a guarantor of these rights to the minority groups of India. This helps in preserving all the marginalized groups of India.  The people are also motivated to protect, propagate and preserve their culture. 

6. ARTICLE 29 Protection of interests of Minorities . Constitution has neither defined MINORITIES nor mentioned any group explicitly as MINORITY. Hence it’s important to understand word MINORITY before going into the context.

7. MINORITY RELIGIOUS LINGUISTIC In 2007 SC said that “ Minority have to considered state wise ” Acc. to National Commission Act 1992 : Muslims,Sikhs,Christians,Buddhist,Jain and Parsis If population of such community is less than 50%

8. Clause (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. SC: To conserve the languages we have Right to Agitate . Using the language in political speeches or making promises for conservation of language the representative can’t be charged for it under malpractice.

9. Clause (2): No citizen shall be denied admission into 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 .

10. ARTICLE 30 Right of minorities to establish and administer educational institutions . Minority status is given to an institution if and only if Minorities Establish and Administer the institution .

11. Clause (1): All minorities , whether based on religion or language, shall have the right to establish and administer educational institutions of their choice. Establish and Administer: The words establish and administer are related to each other . Minorities can claim the right to administer an educational institution only if it has established it . The right to administer an educational institution consists of the following four matters : Right to choose a managing or governing body. Right to choose teachers. Admission of students on their own choice must have reasonable restrictions on academic qualifications. Right to use the properties and assets for the benefit of the institution.

12. If the MINORITY Institution Is a state funded It should follow Admission procedure of State, they can have 50% miority reservation If not They aren’t subject to the admission procedure of state But the admission process must be fair and transperent,and selection of students should be on merit basis. Reservation is purely dependent on Institution.

13. Distinction between Article 29(1) and Article 30(1) of the Constitution of India Article 29(1) Article 30(1) 29(1) confers right on all sections of society Confers right only on minority based on language or religion. Deals with three subjects: language, script and culture . Deal with minorities based on religion or language Provides right to conserve language, script or culture. Provides right of minorities to establish and administer educational institutions 29(1) does not deal with education. 30(1) deals with only the establishment and administration of educational institutions.

14. Clause (1A): 44th ammendment,1978 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.

15. Clause (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.

16. Conclusion: Cultural and educational rights are important human rights that should be protected. Protection of culture and language is an essential part of respecting diversity. Constitution provides these rights to ensure people’s general rights such as protecting their culture and their basic educational rights.  In conclusion, the protection of educational and cultural rights is the main import of Article 29 and Article 30. It is an earnest effort at achieving inclusiveness;   However , lack of clarity with regards to a definition of “Minority ” is felt .

17. THANK YOU