Constitution on minority rights

• Austrian Constitutional Law (1867) acknowledges ethnic minorities’ right to maintain and develop their nationality and languages.

• Similar provisions found in Hungary’s Act XLIV of 1868 and the Constitution of the Swiss Confederation of 1874.

• Peace treaties post-WWII focused on the status of minorities.

• Special provisions for minorities were incorporated in peace treaties with Austria, Bulgaria, Hungary, Turkey, Albania, Finland, and Iraq.

• Article 27 of the Universal Declaration of Human Rights gives every individual a right to community.

Debate in the Constituent Assembly

• The framers of the Constitution showed profound sensitivity to the needs of minorities.

• Article 29(1) lays down that 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.

• Articles 25 to 30 were enacted in the Indian Constitution, arguing that individualistic universal rights are not of much use in a heterogeneous country like India.

Rationale Behind Minority Rights

• The preservation of diversity is the rationale behind minority rights in the Indian Constitution.

• Individualistic rights under Articles 14-18 (equality), 19 (free speech), and 25 (freedom of religion) are not enough for the conservation of language, script, or culture under Article 29.

• Both religious and linguistic minorities are allowed to establish and administer institutions of their choice to create a space for such a culture.

Minority Rights in India

Understanding Minority Rights

• The term’minority’ is used in four places in the Constitution, but no denition is given.

• The Supreme Court consistently denies minorities at the state level.

• Hindus, a religious minority in Punjab, Kashmir, and northeastern States, are entitled to minority rights.

Conservation of Distinct Language Scripts and Cultures

• Article 29(1) states that any section of citizens with a distinct language script or culture has the right to conserve it.

• This right to culture is an individualistic right, allowing individuals to preserve their distinctive culture.

Establishment and Administration of Educational Institutions

• Article 30 guarantees that all religious and linguistic minorities have the right to establish and administer educational institutions of their choice.

• The term ‘educational institution’ includes universities.

• The majority of the Aligarh Muslim University (2024) judgment held that even national institutions can claim minority character.

Indicia of Minority Institutions

• The indicia of minority institutions is laid down in the Aligarh Muslim University (2024) case.

• The person taking the initiative must belong to the minority community and their intent must be to found an institution ‘predominantly for the minority community’.

Government Aid and Minority Institutions

• Article 30(2) explicitly states that the State cannot discriminate against a minority institution while granting aid.

• The Supreme Court maintains that minorities have no right to maladminister their institutions and that the government can come up with reasonable regulations to insist on proper safeguards against maladministration.