Question

Q. With regard to “Cultural and Educational Rights” under the Constitution, consider the following statements.

Which of the above statements is/are correct?

• A.
  1 only
• B.
  2 only
• C.
  1 and 3 only
• D.
  None of the Above

Answer 1

The correct option is D

None of the Above
Explanation:

Statement 1 is incorrect.
Article 29 provides that any section of the citizens residing in any part of India having a distinct language, script or culture of its own, shall have the right to conserve the same.
Further, no citizen shall be denied admission into any educational institution maintained by the State or receiving aid out of State funds on grounds only of religion, race, caste, or language.
Hence the institutions that neither seek recognition nor aid from the State need not adhere to the above provisions.

Statement 2 is incorrect.
Article 29 grants protection to both religious minorities as well as linguistic minorities. However, the Supreme Court held that the scope of this article is not necessarily restricted to minorities only, as it is commonly assumed to be. This is because of the use of words ‘section of citizens’ in the Article that include minorities as well as the majority. The Supreme Court also held that the right to conserve the language includes the right to agitate for the protection of the language.

Statement 3 is incorrect.
Under Article 30, all the minorities shall have the right to establish and administer educational institutions of their choice. Thus, the protection under Article 30 is confined only to minorities (religious or linguistic) and does not extend to any section of citizens (as under Article 29). However, the term ‘minority’ has not been defined anywhere in the Constitution.