Article 30 of the Indian Constitution: A seven-judge Constitution Bench of the Supreme Court, in a 4:3 majority ruling, has overruled its 1967 decision in S Azeez Basha v. Union of India. The earlier ruling had held that Aligarh Muslim University (AMU) was not a minority institution.
The Chief Justice of India (CJI) delivered the judgment, stating that the issue of AMU’s status as a minority educational institution must be settled according to the principles outlined in this verdict. The judgment was concurred by Justices Sanjiv Khanna, JB Pardiwala, and Manoj Misra, along with the CJI.
Understanding Article 30 of the Indian Constitution
Article 30, enshrined in Part III of the Indian Constitution, protects the rights of minorities to establish and manage educational institutions of their choice. This article is central to what is often called the “Constitution of Academic Privileges.” It grants all minorities, whether defined by religion or language, the right to set up and administer educational institutions. .
Article 30, Minority Rights and Government Oversight in Education
The Supreme Court has highlighted that the rights conferred by Article 30 are meant to ensure fairness, not to grant minorities special advantages. The Court emphasized that educational institutions, including those under minority management, must operate on principles of equality. The government’s intervention in minority institutions is not absolute, as it may intervene to ensure compliance with secular policies and prevent activities that could threaten national security.
Justice Reddy elaborated on the scope of Article 30, explaining that it grants minorities the freedom to establish educational institutions, design curricula, conduct examinations, and award degrees. However, such institutions must meet educational standards and are entitled to the same recognition and state support as other institutions of equal merit.
Conclusion: Ensuring Equity in Education
The ruling on AMU reinforces the protection of minority rights in educational institutions, while also addressing concerns about the potential for misuse of these privileges. While Article 30 secures the educational rights of minorities, it also ensures that these rights do not undermine the broader goals of secular governance or public policy. This decision highlights the delicate balance between upholding minority rights and maintaining educational standards for all groups.
Read More: AMU Minority Institution SC Verdict Decoded In 10 Points
