Constitutional Provisions for Minority Institutions and the Case of Aligarh Muslim University: The Legal Search for a Solution since 1965
The concept of a minority educational institution was brought into legal discourse for the first time by the Constitution of India (effective as of 26 January 1950) in its Part III (‘Fundamental Rights’), under the rubric of ‘Cultural and Educational Rights’ in Article 30, which reads as follows:
Article 30. Right of minorities to establish and administer educational institutions.
- All minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice.
- The State shall not, in granting aid to educational institutions, discriminate against any educational institution on the ground that it is under the management of a minority, whether based on religion or language.
