Question

Under which Article of the Constitution of India, the right to establish and administer educational institutions of minorities is obtained?
1. Article 31A
2. Article 32
3. Article 30
4. Article 23

Answer 1

Correct Answer - Option 3 : Article 30

The correct answer is Article 30.

• Article 30 deals with the weaker section of society irrespective of their caste and religion, which can establish any educational institution.
• Article 30 grants the following rights to minorities, whether religious or linguistic:
•  All minorities shall have the right to establish and administer educational institutions of their choice.
• The compensation amount fixed by the State for the compulsory acquisition of any property of a minority educational institution shall not restrict or abrogate the right guaranteed to them.
• This provision was added by the 44th Amendment Act of 1978 to protect the right of minorities in this regard. The Act deleted the right to property as a Fundamental Right (Article 31).
• In granting aid, the State shall not discriminate against any educational institution managed by a minority.
• The protection under Article 30 is confined only to minorities (religious or linguistic) and does not extend to any section of citizens (as under Article 29).
• However, the term ‘minority' has not been defined anywhere in the Constitution.

Article	Provision
31A	It saves five categories of laws from being challenged and invalidated on the ground of contravention of the fundamental rights conferred by Article 14 and Article 19. It includes: Acquisition of estates and related rights by the State Taking over the management of properties by the State The amalgamation of corporations Extinguishment or modification of rights of directors or shareholders of corporations Extinguishment or modification of mining leases. It also provides the guaranteed right to compensation in case of acquisition or requisition of private property by the state.
32	Gives the right to individuals to move to the Supreme Court to seek justice.
23	Related to the traffic of human beings and forced labor.