What is the constitutional concept of Minority? What are the constitutionally guaranteed minority rights? Refer to relevant case law.

Question: What is the constitutional concept of Minority? What are the constitutionally guaranteed minority rights? Refer to relevant case law. [BJS 1984]

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Answer

Although the term ‘minorities’ is not defined in the Constitution, from the Constituent Assembly Debates, it can be gathered that the Constitution Makers used it to connote numerically vulnerable groups in the power equation of the State population. Read more at Legal Bites © Reserved: https://www.legalbites.in/protection-to-the-minorities-in-india/

Case laws: In re Kerala Educational Bill [AIR 1958 SC 956] the Supreme Court held that the fundamental right given to all minorities under Article 30 (1) to establish and administer educational institutions of their choice does not militate against the claim of the State to insist that in granting aid the State may not prescribe reasonable regulations to ensure the excellence of the institutions.

In N Ahmad v. Emjay High School [(1998) 6 SSC 674] it was held that a school that is otherwise a minority school would continue to be so whether the government declared it as such or not. When the government declared the school as a minority School it has recognized a factual position that the school was established and is being administered by a minority community. The declaration is only an open acceptance of a legal character that should necessarily have existed antecedent to such declaration.

In St. Stephen’s College, Delhi v. University of Delhi [AIR 1992 SC 1630] the validity of the admission program which gave preference to Christian students at 10% relaxation for them by the college was challenged by Delhi University as violative of Delhi University circulars for admission to various courses. It was contended that the college was bound to follow University rules for admission.

The Supreme Court held that the college, being a minority institution was not bound to follow the directions of the university. It may select students for admission by an interview and may not abide by the university rules to select students on the basis of marks obtained in the written examination. It also laid down that up to 50% of seats may be reserved for students belonging to the Christian community. Other students may be admitted purely on the basis of merit.

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