CULTURAL AND EDUCATIONAL RIGHTS ARTICLES 29 TO 31 findoutabout.in

Table of Contents

INTRODUCTION

Cultural and educational rights are guaranteed by the Constitution to religious and linguistic minority groups in India, to enable them to preserve their distinct culture, language, or script. In this article, you can read all about Article 29 and Article 31 of the Indian Constitution.

Article 29 Protection of interests of minorities

(1) 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. 
(2) No citizen shall be denied admission into any educational institution 
maintained by the State or receiving aid out of State funds on grounds only of 
religion, race, caste, language or any of them

Article 29 is intended to protect the interests of minority groups.

Article 29(1): This provides any section of the citizens residing in India having a distinct culture, language, or script, the right to conserve their culture, language, and writing.

Article 29(2): The State shall not deny admission into educational institutes maintained by it or those that receive aid from it to any person based only on race, religion, caste, language, or any of them.

Article 30 Right of minorities to establish and administer educational institutions

(1) All minorities, whether based on religion or language, shall 
have the right to establish and administer educational institutions of their 
choice. 
[(1A) In making any law providing for the compulsory acquisition of 
any property of an educational institution established and administered by a 
minority, referred to in clause (1), the State shall ensure that the amount fixed 
by or determined under such law for the acquisition of such property is such as 
would not restrict or abrogate the right guaranteed under that clause.] 
(2) The State shall not, in granting aid to educational institutions, 
discriminate against any educational institution on the ground that it is under 
the management of a minority, whether based on religion or language.

Article 30(1): All religious and linguistic minorities have the right to establish and administer educational institutions of their choice. (Read about Minority Protection in India in the linked article.)

Article 30(2): The State shall not, when granting aid to educational institutions, discriminate against any educational institution because it is under the management of a minority, whether based on religion or language.

Saving of Certain Laws

Article 31 Saving of laws

[Compulsory acquisition of property.] Rep. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 6 (w.e.f. 20-6-1979).

Article 31A Saving of laws providing for acquisition of estates, etc

[(1) Notwithstanding anything contained in article 13, no law providing 
for— 
(a) the acquisition by the State of any estate or of any rights therein 
or the extinguishment or modification of any such rights, or 
(b) the taking over of the management of any property by the State 
for a limited period either in the public interest or in order to secure the 
proper management of the property, or 
(c) the amalgamation of two or more corporations either in the public 
interest or in order to secure the proper management of any of the 
corporations, or 
(d) the extinguishment or modification of any rights of managing 
agents, secretaries and treasurers, managing directors, directors or 
managers of corporations, or of any voting rights of shareholders thereof, 
or
(e) the extinguishment or modification of any rights accruing by 
virtue of any agreement, lease or licence for the purpose of searching for, 
or winning, any mineral or mineral oil, or the premature termination or 
cancellation of any such agreement, lease or licence, 
shall be deemed to be void on the ground that it is inconsistent with, or takes 
away or abridges any of the rights conferred by [article 14 or article 19]: 

Provided that where such law is a law made by the Legislature of a State, 
the provisions of this article shall not apply thereto unless such law, having 
been reserved for the consideration of the President, has received his assent:]

[Provided further that where any law makes any provision for the 
acquisition by the State of any estate and where any land comprised therein is 
held by a person under his personal cultivation, it shall not be lawful for the 
State to acquire any portion of such land as is within the ceiling limit applicable 
to him under any law for the time being in force or any building or structure 
standing thereon or appurtenant thereto, unless the law relating to the 
acquisition of such land, building or structure, provides for payment of 
compensation at a rate which shall not be less than the market value thereof.]

 (2) In this article,—

[(a) the expression “estate” shall, in relation to any local area, have 
the same meaning as that expression or its local equivalent has in the 
existing law relating to land tenures in force in that area and shall also 
include— 
(i) any jagir, inam or muafi or other similar grant and in the States 
of 
[Tamil Nadu] and Kerala, any janmam right; 
(ii) any land held under ryotwari settlement; 
(iii) any land held or let for purposes of agriculture or for 
purposes ancillary thereto, including waste land, forest land, land for 
pasture or sites of buildings and other structures occupied by 
cultivators of land, agricultural labourers and village artisans;] 
(b) the expression “rights”, in relation to an estate, shall include any 
rights vesting in a proprietor, sub-proprietor, under-proprietor, tenureholder, 1
[raiyat, under-raiyat] or other intermediary and any rights or 
privileges in respect of land revenue.]

Article 31B – Constitution of India

Without prejudice to the generality of the provisions contained in article 31A, none of the Acts and Regulations specified in the Ninth Schedule nor any of the provisions thereof shall be deemed to be void, or ever to have become void, on the ground that such Act,
Regulation or provision is inconsistent with, or takes away or abridges any of the rights conferred by, any provisions of this Part, and notwithstanding any judgment, decree or order of any court or Tribunal to the contrary, each of the said Acts and Regulations shall, subject to the power of any competent Legislature to repeal or amend it, continue in force.

Article 31C

Notwithstanding anything contained in article 13, no law giving effect to the policy of the State toward securing 4
[all or any of the principles laid down in Part IV] shall be deemed to be void on the ground that it is inconsistent with, or takes away or abridges any of the rights conferred by 5 [article 14 or article 19]; 6and no law containing a declaration that it is for giving effect to such policy shall be called in question in any court on the ground that it does not give effect to such policy:

Provided that where such law is made by the Legislature of a State, the provisions of this article shall not apply thereto unless such law, having been reserved for the consideration of the President, has received his assent