Article

Component - Framework Relationship Between the Fundamental Rights and Law to Enforce Fundamental Right of Minorities to Establish Educational Institutions: an Analysis of Ncmei Act | Original Article

Veer Mayank* Nidhi Saxena in Shriji Socio-Legal Journal | Law

ABSTRACT:

Article 30 (1) provides for the fundamental right of the minority institutions to establish and administer minority institutions. The primary requirement for a group of people collecting together in the form of trust or otherwise to establish a minority educational institution that has the necessary protections under Article 30 (1) is that they show themselves to be a part of the religious or linguistic minority and that the institution being established by them serves to promote the educational interests of such linguistic or educational minorities as the case may be (S.P. Mittal vs. Union of India 1983 SC 1). The decision of the Supreme Court was further elaborated in the (Andhra Pradesh Christian Medical Association vs. Government of Andhra Pradesh, AIR 1986 SC 1490) where the Supreme Court emphasized upon the presence of ‘nexus between the institution and the minority community’ to which it claims it belongs to. Thus from the mere establishment of such an institution by members belonging to the particular community, the necessity of a continuing nexus between the institution concerned and the community concerned was highlighted. The presence of such a nexus illuminates the institution under the protective cover of the Article 30 (1) and renders the presence of other factors - such as the presence of majority community members on the managing committee - nugatory. In this environment of guaranteeing the rights of the minorities, the practical relaties in implementation of the rights of the minorities such as securing affiliation, syllabi of the courses, etc prevented the right to be enjoyed by the minorities which was the original intention of Article 30 (1). To provide better implementation of the objective enshrined in the framework of Article 30 (1) and interpreted by the Supreme Court, the National Commission for Minority Educational Institutions Act, 2004 was enacted. The objective of the Act was to resolve the difficulties that were observable in securing the rights to the minority institutions as enshrined in Article 30 (1), in relation to such matters such as seeking affiliation, composition of the managing committee or the syllabus that may be followed by such institutions. The objective of the paper is to examine the provisions of The National Commission for Minority Educational Institutions Act, 2004 in the light of the framework of Article 30(1) as provided in the Constitution of India and elaborated by the various decisions of the Supreme Court and High Courts in India and to run a component - framework analysis of The National Commission for Minority Educational Institutions Act, 2004 and evaluate whether the above act falls fits within the framework of the rights as enshrined in Article 30 (1) of the Constitution of India.

 

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