Omar Bennett
The Indian Constitution does not define the term minority, although it does recognise religious and linguistic minorities. Articles 29 and 30 of the Indian Constitution provide rights to minorities, such as the right to conserve distinct languages, scripts, and cultures, and the right to establish and administer educational institutions of their choice. The Supreme Court has ruled that the determination of religious and linguistic minorities should be made at the state level, and that Hindus can be considered a religious minority in states like Punjab. The National Commission for Minorities Act (1992) and the NCM in 1993 also recognised the need to evaluate the marginalisation of religious communities, but did not define the term religious minority. The Indian Constitution promotes secularism and pluralism, and prohibits discrimination based on religion, race, caste, sex, or place of birth.
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What You'll Learn
- The term 'minority' is not defined in the Indian Constitution
- Religious and linguistic minorities are recognised by the Constitution
- Article 30 upholds the right of minorities to establish and administer educational institutions
- Muslims, Sikhs, Buddhists, Jains, Christians, and Parsis are recognised as minority religious communities
- The Supreme Court ruled that the unit of determining religious and linguistic minorities would be at the state level
The term 'minority' is not defined in the Indian Constitution
The term "minority" is not defined in the Indian Constitution, although the constitution does recognise religious and linguistic minorities. The expression "minorities" appears in some articles of the constitution, but without a concrete definition. For example, Article 29 provides that any section of citizens residing in any part of India with a distinct language, script, or culture shall have the right to conserve it. This article grants protection to both religious and linguistic minorities.
Article 30 of the Indian Constitution, adopted on 8 December 1948, upholds the right of minorities to establish and administer educational institutions of their choice. It states that "all minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice". However, the protection under Article 30 is confined to minorities and does not extend to any section of citizens as under Article 29.
The Indian Constitution promotes the prohibition of discrimination on various grounds, including religion, race, caste, sex, or place of birth. It conceives of "minority" as an open category to protect the interests of various religious, linguistic, and culturally distinctive groups. The framework of 'Hindu majority versus Muslim minority' is not delineated in the Constitution. Instead, the term "minority" is used to protect the interests of various groups.
The National Commission for Minorities Act (NCM) of 1992 recognised the need to evaluate the reasons behind the relative marginalisation of religious communities. However, even this law does not define the term "religious minority". Instead, it empowers the central government to notify specific communities as "minorities" for the purposes of the Act. The NCM Act identifies minorities at the national level and not the state level, which has led to debates about deserving minorities in states being deprived of their constitutional rights.
The Supreme Court has dealt with the question of the scope of the right of minorities to establish and administer educational institutions. In the TMA Pai case in 2002, the Supreme Court held that the unit of determining religious and linguistic minorities would be at the state level. This case also considered whether Hindus were a religious minority in the state of Punjab, concluding that they were a religious minority in that specific state, even if not in the entire country.
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Religious and linguistic minorities are recognised by the Constitution
The term "minority" is used in some articles of the Indian Constitution, but it is not defined anywhere in the document. The Constitution, however, does recognise religious and linguistic minorities.
Article 29 of the Constitution provides that any section of citizens residing in any part of India, with a distinct language, script or culture of their own, shall have the right to conserve the same. It grants protection to both religious and linguistic minorities. The Supreme Court, however, held that the scope of this article is not restricted to minorities only, as the use of the phrase "section of citizens" includes minorities as well as the majority.
Article 30 of the Indian Constitution, adopted on 8 December 1948, states the right of minorities to establish and administer educational institutions. It says: "All minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice." The protection under Article 30 is confined to minorities (religious or linguistic) and does not extend to any section of citizens as under Article 29.
The smallest religious minority in India are the Zoroastrains. The National Commission for Minorities Act (NCMEI) Act identifies minorities at the national level and not at the state level. The Centre's notification under Section 2(f) of the NCMEI Act identifies Muslims, Christians, Sikhs, Buddhists, Parsis and Jains as minorities at the national level. These minorities have a significant population in many states. For example, Muslims are in the majority in Lakshadweep (96.58%) and Kashmir (96%), and Christians are in the majority in Nagaland (88.10%), Mizoram (87.16%) and Meghalaya (74.59%).
The Supreme Court, in the TMA Pai Foundation case of 2002, held that the unit of determining religious and linguistic minorities would be at the state level. It also authorised the state government to regulate minority educational institutions. The Indian Constitution does not refer to Muslims as a minority, but Muslims are recognised as a national minority.
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Article 30 upholds the right of minorities to establish and administer educational institutions
The Indian Constitution does not define the term "minority". However, it does recognise religious and linguistic minorities, granting them special rights and protections under Articles 29 and 30.
Article 30 specifically deals with the right of minorities to establish and administer educational institutions of their choice in India. This right is guaranteed to all minorities, whether based on religion, community, or language. It ensures that minority communities can bring educational institutions into existence and manage their affairs, including determining the type of institution, its affiliation, and the appointment of staff.
The purpose of Article 30 is to protect the educational rights of these minorities, allowing them to preserve and promote their distinct culture, language, and religious identity through the educational institutions they establish. It also guarantees equality and
Article 30 also addresses the issue of compulsory acquisition of property by the state. It stipulates that when determining the amount to be fixed for the acquisition of property belonging to a minority educational institution, the state must ensure that the rights of the minority community are not restricted or abrogated. This provision further safeguards the educational rights of minorities.
The right conferred under Article 30 is exclusive to minorities and does not extend to all citizens. It is subject to reasonable regulations imposed by the state to maintain educational standards, ensure welfare, and prevent maladministration. The Supreme Court has also played a role in interpreting and upholding the rights of minorities under Article 30, as seen in cases such as T.M.A. Pai Foundation v. State of Karnataka (2002).
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Muslims, Sikhs, Buddhists, Jains, Christians, and Parsis are recognised as minority religious communities
The Indian Constitution does not define the term "minority". However, it does recognise religious and linguistic minorities, and the right to freedom of religion is a fundamental right in India. While the term "minority" is not defined, the Constitution conceives of it as an open category to protect the interests of various religious, linguistic, and culturally distinctive groups.
Muslims are a majority in the small western archipelago of Lakshadweep and in Jammu and Kashmir, but 95% of Muslims live in states where they are a religious minority. Christians form a majority of the populations of Nagaland, Mizoram, and Meghalaya, all small and sparsely populated states in India's Northeastern panhandle. Sikhs are a majority in Punjab, which is home to most of the world's Sikhs.
While there is some mixing of religious celebrations and traditions within India's diverse population, many Hindus do not approve of this. For example, while substantial minorities of Christians (31%) and Muslims (20%) report that they celebrate the Hindu festival of Diwali, 45% of Hindus say they would not be willing to accept followers of other religions as neighbours, specifically including Muslims.
The National Commission for Minorities Act (1992) recognised the need to evaluate the reasons behind the relative marginalisation of religious communities. This law led to the establishment of the National Commission for Minorities (NCM) in May 1993. The NCM did not find any contradiction between the constitutional meaning of a minority and the 1993 notification of the government, clarifying that a national-level minority shall have minority status throughout the country, regardless of its local population.
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The Supreme Court ruled that the unit of determining religious and linguistic minorities would be at the state level
The Indian Constitution does not define the term "minority". However, it does recognise religious and linguistic minorities and provides them with certain protections and rights. Articles 29 and 30 of the Constitution grant protection to religious minorities, allowing them to conserve their distinct language, script, or culture. They also grant both religious and linguistic minorities the right to establish and administer educational institutions of their choice.
Despite the lack of a definition for "minorities" in the Constitution, the Supreme Court has ruled on multiple occasions that the unit of determining religious and linguistic minorities would be at the state level. This means that the demography of each state will determine whether a minority is linguistic or religious. The Supreme Court's rulings on this matter have significant implications for the identification of minorities and the protection of their rights.
One notable case is the TMA Pai Foundation case in 2002, where an 11-judge bench of the Supreme Court addressed the scope of minorities' constitutional right to establish and administer educational institutions. In this case, the court considered whether Hindus were a religious minority in the State of Punjab. The court held that the Arya Samajis, who were Hindus, were a religious minority in Punjab, even though they may not have been considered a minority in relation to the entire country. This ruling reaffirmed the principle that the state is the unit for determining the status of both linguistic and religious minorities.
Another important case is the Bal Patil case in 2005, which referred to the TMA Pai ruling. The Supreme Court clarified that the unit for determining the status of both linguistic and religious minorities would be the state. This means that the majority or minority status of a community will be determined in relation to the state and not at the national level. This ruling has had a significant impact on the identification of minorities and the extension of minority benefits.
The Supreme Court's rulings on the state-level determination of minorities have been in response to petitions and public interest litigations filed by individuals seeking to clarify the identification of minorities and ensure equal protection of rights for all communities, regardless of their numerical superiority or inferiority in a particular state. These rulings have had important implications for the recognition and protection of minority rights in India.
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Frequently asked questions
No, the term "minority" is not defined in the Indian Constitution. However, the Constitution does recognise religious and linguistic minorities and provides them with certain rights and protections.
According to Article 29 of the Indian Constitution, religious and linguistic minorities have the right to conserve their language, script, and culture. Article 30 states that minorities have the right to establish and administer educational institutions of their choice.
The Indian Constitution does not specifically refer to Muslims as a minority. However, they are recognised as a minority religious community by the Government of India (GoI) and are entitled to certain special advantages.
The National Commission for Minorities Act (NCMEI) identifies minorities at the national level, and the Supreme Court has held that the unit of determining religious and linguistic minorities is the "State".
The Special Officer for Linguistic Minorities is appointed by the President of India to investigate matters relating to the safeguards provided for linguistic minorities under the Constitution. This position was established through the 7th Constitutional Amendment Act, 1956.
