Article 29 of the Indian Constitution: Protection of Interests of Minorities | Kanoon.site
Kanoon.site ≐ Blog
« Article 28 Article 29(2) »

Article 29 of the Indian Constitution: Protection of Interests of Minorities

Part: III
Shorthand Notes: Conserve lang/script/culture; No discrim in State-aided edu on religion, race, caste, lang

Article 29 of the Indian Constitution is a fundamental right enshrined in Part III, specifically falling under the category of Cultural and Educational Rights (Articles 29-30). This article plays a crucial role in protecting the diverse linguistic, cultural, and religious identities present within the vast Indian landscape. It aims to prevent any dominant group from imposing its language, script, or culture on minority sections of the population and also ensures equitable access to state-aided educational institutions for all citizens.

This article is one of the cornerstones of India’s commitment to secularism and pluralism, safeguarding the rights of ‘any section of citizens’ (which includes minorities, although not exclusively) to maintain their distinct heritage and preventing discrimination in education on specific grounds, thereby fostering an inclusive society.

Original Text

(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.

Detailed Explanation

Article 29 comprises two distinct clauses, each addressing a specific aspect related to the protection of certain interests, primarily relevant to minorities but not strictly limited to them.

Clause (1): Right to Conserve Distinct Language, Script, or Culture

  • “Any section of the citizens”: This phrase is significant. While Article 29 is placed alongside Article 30 (which explicitly mentions “minorities”), the term used here is broader. It applies to any section of citizens, which could potentially include sections of the majority community as well, if they have a distinct language, script, or culture they wish to conserve. However, in practice, it primarily serves to protect the rights of minority groups (religious or linguistic).
  • “residing in the territory of India or any part thereof”: This indicates that the right extends to sections of citizens residing anywhere within India.
  • “having a distinct language, script or culture of its own”: This identifies the specific characteristics that trigger the right. A section of citizens must possess one or more of these distinct features. The terms ’language’, ‘script’, and ‘culture’ are interpreted broadly. ‘Culture’ includes not just traditions and customs but potentially aspects like distinct ways of life or heritage.
  • “shall have the right to conserve the same”: This grants a positive right to actively preserve their language, script, or culture. This right implies that the State cannot impose upon them any other language, script, or culture. The means to ‘conserve’ can include establishing and maintaining institutions like educational institutions, although the specific right to establish and administer minority educational institutions is more explicitly provided under Article 30. Article 29(1) essentially provides the base right to conserve, which Article 30 enables through educational institutions.

Clause (2): Right Against Discrimination in State-Aided Educational Institutions

  • “No citizen”: This clause applies to every individual citizen, irrespective of whether they belong to a majority or minority group. It is an individual right.
  • “shall be denied admission”: This is a negative injunction against the State. It prohibits the State or institutions receiving State aid from refusing admission to any citizen.
  • “into any educational institution maintained by the State or receiving aid out of State funds”: This specifies the scope of institutions covered. It includes government-run institutions and those that are financially supported by the government. It does not cover educational institutions run by private bodies without receiving State aid, nor does it cover minority educational institutions established under Article 30 (regarding admission policies, though Article 30 institutions cannot act malafide or against national interest).
  • “on grounds only of religion, race, caste, language or any of them”: These are the prohibited grounds for denying admission. The word “only” is important, meaning that if admission is denied for other valid reasons (e.g., lack of qualifications, lack of seats), it would not be a violation of this clause. The grounds mentioned here are similar to those in Article 15(1) and Article 16(2), but notably includes ’language’ as a prohibited ground, which is particularly relevant for protecting linguistic minorities.

Relationship with Article 30: Article 29(1) gives a section of citizens the right to conserve their distinct identity. Article 30(1) grants minorities (religious or linguistic) the right to establish and administer educational institutions of their choice. Article 30 is a means to achieve the objective of conservation guaranteed by Article 29(1). Article 29(2) is a broader right available to all citizens against discrimination in specific types of educational institutions on certain grounds, including language, thus complementing the protection of linguistic identity.

Detailed Notes

  • Article 29 is part of the Fundamental Rights (Part III), under Cultural and Educational Rights.
  • It provides protection to certain interests of citizens, particularly minorities.
  • It has two clauses:
    • Clause (1): Grants any section of citizens residing in India the right to conserve their distinct language, script, or culture.
      • Applies to “any section of citizens,” not exclusively minorities.
      • Covers the rights to conserve language, script, and culture.
      • This is primarily a collective right.
      • The means of conservation often involve establishing institutions (supported by Article 30 for minorities).
    • Clause (2): Prohibits denial of admission to any citizen into State-maintained or State-aided educational institutions.
      • Applies to “No citizen” (individual right).
      • Covers educational institutions maintained by the State or receiving State aid.
      • Prohibited grounds for denial are only religion, race, caste, or language.
  • Article 29(1) provides the right to conserve identity, while Article 29(2) ensures non-discrimination in certain educational settings.
  • Article 29(2) protects individuals from discrimination in education on grounds including language, which is vital for linguistic minorities.
  • The term ‘minority’ is not defined in the Constitution but is generally understood based on religion or language at the state level.
  • Article 29 is a crucial component of India’s secular and pluralistic framework, safeguarding diversity.
  • Article 29(1) is the basis for the rights granted to minorities under Article 30.

Additional Comments

  • The right to conserve culture under Article 29(1) includes the right to propagate it.
  • Article 29(2) is an individual right enforceable by any citizen, whereas Article 29(1) is typically seen as a collective right of a section of citizens.
  • The protection under Article 29(2) is available only against denial of admission to state-maintained or state-aided educational institutions, not against other forms of discrimination within the institution after admission (though those might be covered by other fundamental rights like Article 15).
  • Article 29(2) prohibits discrimination based on ’language’, which is a ground not explicitly present in Article 15(1) or Article 16(2).
  • The Supreme Court has held that the right to conserve language under Article 29(1) includes the right to agitate for the protection of language, but not necessarily to demand that the State run educational institutions in that language (unless covered by Article 30 for minorities).
  • The distinction between Article 29(1) and Article 30(1) is important: 29(1) is a general right to conserve culture (including language/script) for any section, while 30(1) is specifically the right of minorities to establish and administer educational institutions as a means of conserving their culture.

Summary

Article 29 of the Indian Constitution provides specific protections, primarily for minority groups, but extending certain rights to all citizens. Clause (1) grants any section of citizens in India the right to conserve its distinct language, script, or culture. Clause (2) ensures that no citizen is denied admission to any educational institution maintained by the State or receiving State funds solely based on religion, race, caste, or language. This article thus safeguards the diverse identities within India and promotes equitable access to education, upholding principles of secularism and non-discrimination.
« Article 28 Article 29(2) »