MINORITY RIGHTS
1. Context
The preservation of diversity is the rationale behind minority rights in the Indian Constitution. On Minority Rights Day, it is essential to remember Franklin Roosevelt’s words, ‘no democracy can long survive which does not accept as fundamental to its very existence the recognition of the rights of minorities’
2. Origin of Minority rights
- Article 19 of the Austrian Constitutional Law of 1867 recognized the unequivocal right of ethnic minorities to preserve and promote their national identity and languages.
- Comparable provisions were established in Hungary's Act XLIV of 1868 and the Swiss Confederation's Constitution of 1874, which ensured equal status for the country's three official languages in governance, legislation, and judicial processes.
- Following the First World War, peace treaties emphasized minority rights, incorporating protections into agreements between the Allied and associated powers and nations such as Poland, Czechoslovakia, Romania, Greece, and Yugoslavia. Similar provisions were included in treaties with Austria, Bulgaria, Hungary, and Turkey, while countries like Albania, Finland, and Iraq pledged to safeguard minority rights.
- Additionally, Article 27 of the Universal Declaration of Human Rights affirms an individual's right to community, enabling them to embrace their cultural heritage and engage in cultural activities and associations
3. Constituent Assembly debates on Minority Rights
- The framers of the Indian Constitution demonstrated remarkable awareness of the needs of minorities. Pandit G.B. Pant, while proposing the establishment of an Advisory Committee on Fundamental Rights and Minority Rights, emphasized that resolving minority issues satisfactorily was crucial for the strength, vitality, and stability of a free India.
- He urged for a new beginning, highlighting that progress and sustained peace were impossible without fully addressing minority concerns. Under the leadership of Sardar Vallabhbhai Patel, the committee deliberated on minority rights, leading to the inclusion of Articles 25 to 30 in the Constitution.
- These Articles reflect the idea that in a diverse nation like India, universal individual rights alone are insufficient. Instead, discussions rooted in multiculturalism, diversity, and minority rights, as recognized in contemporary political theory, are essential
- The framers of the Constitution, such as Sardar Vallabhbhai Patel and Jawaharlal Nehru, emphasized the importance of creating a framework that would protect minority rights without fostering divisions. The goal was to integrate minorities into the fabric of the nation while respecting their distinct identities
- Pandit G.B. Pant, during his proposal for an Advisory Committee on Fundamental Rights and Minority Rights, stressed that addressing the concerns of minorities was crucial for maintaining peace and fostering progress. He asserted that ensuring their satisfaction was essential for the stability of the Indian state
- Recognizing the pluralistic nature of Indian society, the Assembly acknowledged that individual rights alone would not suffice in addressing the complexities of a heterogeneous society. This led to the adoption of Articles 25 to 30 in the Constitution, which specifically safeguard cultural and educational rights, as well as freedom of religion for minorities
- Separate electorates for minorities, a legacy of colonial rule, were a contentious issue. Leaders like Nehru and Patel argued against it, emphasizing that it would perpetuate division and hinder national unity. Instead, they advocated for universal adult franchise and common electoral rolls
- Dr. B.R. Ambedkar, the Chairman of the Drafting Committee, highlighted the importance of balancing individual rights with group rights to preserve the cultural, linguistic, and religious diversity of the nation. He believed that the provisions for minority rights were essential for fostering a sense of belonging among all communities
- The Assembly envisioned a nation where equality of opportunity and access would bridge social divides. Leaders like Maulana Abul Kalam Azad emphasized that the true test of democracy lay in how the majority treated its minorities
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Articles 25 to 30
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4. Rationale behind Minority rights
- The rationale for minority rights in the Indian Constitution lies in the need to preserve diversity. While individual rights such as equality (Articles 14-18), free speech (Article 19), and freedom of religion (Article 25) are crucial, they are insufficient to protect the unique aspects of language, script, or culture addressed under Article 29.
- An individual may not face direct injustice, yet the devaluation or ridicule of their community can harm their dignity.
- The right to culture has meaning only if the individual’s community is granted the right to exist and thrive in a supportive environment. For this reason, Article 30 empowers religious and linguistic minorities to establish and manage their own institutions, creating spaces where their cultures can flourish.
- In a recent ruling on Aligarh Muslim University (2024), a seven-judge Bench explicitly recognized Article 30 as a "facet of equality and non-discrimination."
- Earlier, the nine-judge Bench in the St. Xavier’s College Society case (1974) had affirmed that Article 30 ensures equality between majority and minority communities, emphasizing that without such special protections, minorities would face inequality.
- The landmark Keshavananda Bharati case (1973) further established that Article 30 rights are part of the Constitution's basic structure, making them immune to alteration by parliamentary amendments
5. Minority Rights
- Although the term "minority" appears in four places within the Constitution, it has not been explicitly defined. The Supreme Court has consistently ruled that minorities should be identified at the state level.
- For example, Hindus qualify as a religious minority in states like Punjab, Kashmir, and parts of the Northeast, making them eligible for minority rights. There are numerous Hindu minority institutions across India.
- Article 29(1) affirms that "any section of citizens residing in India or any part thereof, having a distinct language, script, or culture of its own, shall have the right to conserve the same."
- This provision highlights two critical aspects: first, it acknowledges the existence of diverse cultural groups, emphasizing that India does not have a singular cultural identity.
- Since linguistic and religious cultures hold significant value for their members, explicit rights are necessary to preserve these identities, especially in a society where the majority could potentially dominate. Second, the right to culture is individualistic, allowing individuals to preserve their distinct cultural heritage.
- Article 30 provides religious and linguistic minorities the right to establish and manage educational institutions of "their choice." In the Kerala Education Bill case (1957), the Supreme Court clarified that "choice" is the dominant term in this provision, granting minorities the freedom to define and expand their choices, including the establishment of universities.
- Courts have consistently upheld Article 30 protections for pre-Constitution institutions, as seen in cases like S.K. Patro (1969), St. Stephen’s College (1992), and Azeez Basha (1967). Most recently, in the Aligarh Muslim University case (2024), the majority ruling recognized that even institutions of national importance could claim minority status.
- Furthermore, Article 350A mandates the provision of primary education in the mother tongue, and Article 350B ensures the appointment of a special officer for linguistic minorities.
- Religious personal laws, such as the customary laws of the Nagas, are also constitutionally protected. Additionally, no religious qualifications are required for holding high constitutional offices.
- To address minority concerns, the Constitution establishes bodies like the National Commission for Minorities and the National Commission for Minority Educational Institutions
6. Definition of Minority
- The 11-judge Bench in the TMA Pai Foundation case (2002) did not resolve the criteria for identifying minority institutions. However, in a landmark judgment in the Aligarh Muslim University case (2024), former Chief Justice Dr. D.Y. Chandrachud established these criteria.
- In determining the indicia for minority institutions, the seven judges broadly agreed on adopting holistic, flexible, and broad-based parameters. A key factor is the genesis or ideation behind the institution—specifically, the vision and intent of the individual initiating it.
- This individual must belong to the minority community and aim to establish an institution primarily for the benefit of that community. Other relevant considerations include sourcing funds, acquiring land, constructing buildings, and obtaining governmental approvals.
- Notably, it is not essential for the administration of such institutions to remain exclusively within the minority community; the right to administer stems naturally from the act of establishment.
- While there is no constitutional right to receive government aid, Article 30(2) explicitly prohibits the State from discriminating against minority institutions when providing such aid. In the Kerala Education Bill case (1957), Chief Justice S.R. Das held that the State must not impose unreasonable conditions—such as those requiring the surrender of an institution’s minority character—in exchange for aid or affiliation.
- Additionally, the Supreme Court has consistently ruled that minority institutions cannot misuse their rights to justify maladministration. Governments are permitted to implement reasonable regulations to ensure proper safeguards, maintain educational standards, and promote institutional excellence.
- In the St. Xavier’s College case (1974), the Court observed that minority institutions cannot refuse to align with general educational norms and may be required to comply with them to ensure fairness and quality
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For Prelims: Minority rights, equality (Articles 14-18), free speech (Article 19), freedom of religion (Article 25)
For Mains: GS II - Indian Polity & Governance
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Related Question
Prelims
1.Which of the following articles of the Indian Constitution explicitly address the rights of minorities?
Select the correct answer using the code below: Answer(c). Mains 1.Examine the constitutional provisions for protecting minority rights in India. Discuss the role of the judiciary in interpreting and upholding these rights, citing key judgments |
Source: The Hindu
