Should The Right Of Minorities To Establish And Administer Educational Institutions Under Article 30
- IJLLR Journal
- Dec 11, 2023
- 1 min read
Should The Right Of Minorities To Establish And Administer Educational Institutions Under Article 30 Be Subject To Stringent State Regulation?
Darin Nilkon, Jindal Global Law School
ABSTRACT
This research paper critically examines the constitutional dimensions of Article 30 of the Indian Constitution, which guarantees minorities the right to establish and administer educational institutions. The study navigates through historical and judicial contexts to elucidate the ongoing debate on the extent of State regulation over these minority institutions. Referring to early interpretations, the research traces the transformative impact of the T.M.A. Pai decision, reshaping the legal landscape and redefining the scope of Article 30 rights. Emphasizing the balance between autonomy and accountability, the paper scrutinizes specific rights under Article 30(1) and the guidelines for state intervention. The conclusion advocates for a nuanced approach, recognizing the necessity of state oversight while cautioning against "stringent" regulation that may compromise the constitutional protections afforded to minority educational institutions. Ultimately, the paper emphasizes the importance of fostering mutual trust between the state and minority institutions to achieve the common goal of delivering quality education.
