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Minorities and the Indian Constitution

Team Lawyered
Team Lawyered
  • Dec 20, 2021
  • 4 min to read
Minorities and the Indian Constitution Lawyered

It is always the minorities that hold the key to progress and success. 

An ethnic group is a collection of people who share a culture, a language, and a set of customs. Some ethnic communities banded together in the nineteenth century and declared their nation-states over the areas they occupied. These communities may be ethnically distinct from the rest of society, yet they seek to maintain their identity. They are a small group of people who are clearly different and unusual from the majority. 

India is a multi-religious, multicultural, multi-lingual, and multi-racial society with a unifying theme of peaceful coexistence and ethnic peace that binds us together. India's social plurality is bolstered by the country's unique constitutional ideas of secularism and tolerance. These ideas are enshrined under Article 30 and Article 29 that provide legal protection and promotion of any and all minority populations' rights. In the Preamble of the Indian Constitution, secularism is institutionalized. All minorities in the country are guaranteed fundamental rights. These rights are protected and promoted by independent institutions such as the judiciary, the Human Rights Commission, and the Minorities Commission.

Reservation of Minority Communities in the Indian Society 一

The protection of religious and ethnic minorities' rights is fundamental to India's secular ethos. One of the several clauses in the Indian constitution that promotes minority rights reserving is Article 30. Article 30 guarantees minorities' rights "to construct and operate educational institutions," which aids the government in formulating policies for minority educational succorance. The advantage provided to Christian students' colleges was challenged in St. Stephen's college v. University of Delhi. It has been determined that half of the seats would be designated for minorities in the selection process, while the other half will be filled on merit. 

However, the TMA Pai Foundation lawsuit overturned this decision. The Apex Court ruled that unassisted establishments of institutions are not entitled to the state's admission procedures since they do not receive any public funding from the state fund. It meant that schools might follow their own admission policy, including administering their own entrance exam, as long as the admission was based on performance and the system was open and transparent. Similarly, they are not limited by the state's fee system as long as they do not solicit capitation fees. The state now has the authority to set quotas for minority pupils, according to the court. This decision distinguished between government involvement of private entities that is supported and independent.

Time again, the Supreme Court ruled in P.A. Inamdar v. State of Maharashtra that the principle of student reservation does not apply to minority establishments of institutions. The government does not have the authority to make reservations in educational establishments. The admissions procedure may be based on an examination or upon merit. The Supreme Court concluded in Azeez Basha v. Union of India (Aligarh Muslim University Case) that a segment of the population has no authority to direct an educational institution that was not created by them. According to the Act of Parliament, AMU is not really a minority institution. The terms 'established' and 'administered' must be interpreted carefully. In the case of Dr. Naresh Agarwal v. UOI, the status of minority to AMU was overturned.

Sum & Substance of Minority groups in India 

A heritage of confrontations, as well as a dynamic staging ground for sectarian tensions and dissent, have rendered India to be susceptible for minorities  on several grounds and chances. As a result, there is a need to protect their identity and minority rights on social, economic, and political levels. The Indian Constitution gives several avenues for minorities to preserve their rights. In order to maintain its democratic character, it also grants specific rights and freedoms to minorities. Minorities, on the other hand, are responsible for a slew of issues. 

India has avowed itself to be a secular state. As a result, our constitution's spirit is secular. In India, all political leaders profess to be secular, but none of them actually implement it. In India, political parties play a prominent part in delegitimizing religious issues in order to get votes. Despite the fact that there are several difficulties of this nature, the answer must be approached with consideration. Even yet, the court seems to be unable to define minority and has relied on the interpretation of the court based on the facts. Article 30 and Article 29 of the Indian Constitution have a widespread impact, and they must offer the minority portion entire freedom to organise and run any institution that they see fit. 

Team Lawyered
Team Lawyered

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Sophie Asveld

February 14, 2019

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Sophie Asveld

February 14, 2019

Email is a crucial channel in any marketing mix, and never has this been truer than for today’s entrepreneur. Curious what to say.

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