Actual Article
Article 29: Protection of interests of minorities
- 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.
- 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.
UPSC Notes for Article 29
- Scope: Article 29 aims to protect the cultural, linguistic, and educational rights of minorities and ensures non-discrimination in educational institutions.
- Cultural and Educational Rights: This article allows any group of citizens with a distinct language, script, or culture to conserve it.
- Non-Discrimination in Education: It prohibits denial of admission to state-funded or state-maintained educational institutions on grounds of religion, race, caste, language, or any combination thereof.
Important Cases and Commissions Related to Article 29
- State of Madras v. Champakam Dorairajan (1951): This landmark case resulted in the Supreme Court ruling that state-sponsored educational reservations based on caste violated Article 29(2). This led to the First Amendment of the Constitution, allowing for reservations to promote social equity.
- T.M.A. Pai Foundation v. State of Karnataka (2002): The Supreme Court held that minorities have the right to establish and administer educational institutions of their choice under Article 29 and Article 30, ensuring autonomy in managing their educational affairs.
- St. Stephen’s College v. University of Delhi (1992): The court upheld the right of minority institutions to admit students based on their criteria, provided it does not conflict with Article 29(2) and maintains merit-based admissions.
Important Reports Related to Article 29
- The Sachar Committee Report (2006): Focused on the socio-economic status of Muslims in India and recommended measures to ensure their educational and cultural rights, aligning with the principles of Article 29.
- The National Commission for Minority Educational Institutions (NCMEI) Report (2011): Emphasized the need to protect minority educational institutions and ensure their rights are not infringed upon, supporting the objectives of Article 29.
Additional Insights
- Cultural Conservation: Article 29(1) underscores the importance of cultural diversity and supports the preservation of various cultural, linguistic, and script-based identities in India.
- Educational Equality: Article 29(2) reinforces the principle of equality in education, ensuring that no citizen is discriminated against in state-funded educational institutions.
- Interplay with Article 30: Article 29 is often read in conjunction with Article 30, which grants minorities the right to establish and administer educational institutions, providing a comprehensive framework for minority rights in education.
Previous Year Prelims Questions Related to Article 29
- UPSC Prelims 2018: Consider the following statements:
- (1) Article 29 protects the interests of minorities by ensuring any group of citizens with a distinct language, script, or culture has the right to conserve it.
- (2) Article 29 ensures that no citizen is denied admission to any state-funded or state-maintained educational institution based on religion, race, caste, or language. Which of the statements given above is/are correct?
- (a) 1 only
- (b) 2 only
- (c) Both 1 and 2
- (d) Neither 1 nor 2 Answer: (c) Both 1 and 2
- UPSC Prelims 2015: Which one of the following statements is correct regarding Article 29 of the Indian Constitution?
- (a) It grants the right to establish educational institutions to minorities.
- (b) It ensures non-discrimination in state-aided educational institutions on grounds of religion, race, caste, or language.
- (c) It provides for the promotion of Hindi language.
- (d) It deals with the right to practice any profession or to carry on any occupation, trade, or business. Answer: (b) It ensures non-discrimination in state-aided educational institutions on grounds of religion, race, caste, or language.
Previous Year Mains Questions Related to Article 29
- UPSC Mains 2016: Discuss the significance of Article 29 in protecting the cultural and educational rights of minorities in India. How does it contribute to the country’s secular fabric? (15 marks)
- UPSC Mains 2019: Analyze the role of Article 29 in the context of promoting cultural diversity and educational equality in India. How has the judiciary interpreted this article in key judgments? (10 marks)
By comprehensively studying Article 29, including its provisions, judicial interpretations, and relevance to previous exam questions, UPSC aspirants can gain a deeper understanding of the constitutional mechanisms designed to protect minority rights and promote equality in education, thereby reinforcing India’s secular and diverse character.