What are "minority institutions"? How are they different from other institutions? Discuss in the light of constitutional provisions.
Article 30 of the Indian constitution defines minority institution as institutions which are established and administered by the religiously or linguistically minority communities. Minority institutions are differed from other institutions in several ways as follows:
- Establishment of a minority institution are mentioned in the fundamental rights whereas it is not explicit in the case with other institutions
- Minority institution reserves 50% seats for the minority community which is in contravention with the article 15 which prohibits discrimination on grounds of religion and other criteria
- Minority institution can directly approach Supreme Court for redressal in case state hampers its status as under article 30, whereas other institutions have to follow normal course of legal procedure in case of such scenario
- Reservation provided under article 15(4) cannot be forced in case of minority educational institution
- Similarly minority educational institutions are exempted from enforcing right to education enumerated under article 21A
Apart from these, in case they are unaided minority institutions, full freedom is given to operate and administer is given to them e.g. Control over employees, selection of teachers and so on. However, even when aided, government’s role is limited by law.
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