The constitutional Mechanism of Minority Institutions:

While talking about Minority Institution as envisaged in the constitution under Article 29 and 30, it has to be kept in mind that these articles are intended to give assurance to the minority population, belonging to religious, language and cultural that there cannot be any prohibition under the law to have education reflecting their religion, associated with their language and broadening their culture. It has been repeatedly stated by the apex court that these articles are part of the constitution, structured in the administration of the Nation. In other words, it has to be understood that these articles are not departure or deviation from the flow of National Integration spreading a particular community, language, section and cultural heritage.

After going through various leading judgements on this aspect it is made clear that these Article are intended only as a safeguard and protection for the same who are less in number either in their religion or in their language or in their culture. A question may arise why this kind of protection even required. The answer is simple Bharat is the unique combinations of many religions, languages and culture. The language differs from state to state, in fact the reorganization of the states is once based on the concept of language. Like that with regard to less numerical strength of either religions, community language and cultures. In order to protect against any exploitation of these numerically less elements the constitutional makers thought it necessary to safe guard. The foundation for this is the analysis of the Fundamental Rights and study of the Directive Principles of State policy as embedded in the constitution.

In this country, the Fundamental Rights, the rights with which the citizens of the country are protected with regard to their activities and any law which violates the Fundamental Rights is to be struck down as unconstitutional either under Article 32 of the Constitution or Article 226. To put it in simple language the rights enumerated in the Fundamental Rights are the rights that are protected against any law that may be passed either by the parliament or by the State Legislative. They are the protective features of the constitution with the Indian citizens. This protection is enforceable under the law. When we go to the Directive Principles of State Policy, the guiding factors of the legislative as well as the executive actions of the Government have been amplified by these guidelines. In other words, the right of every citizen of Bharath is to be on the basis of the structural value enunciated under Directive Principles of State Policy specially the fundamental duties of the citizens. The word ‘Nation’ is used under Article 51A(j). The law enforces that there is only one citizenship, that citizenship is Indian citizenship meaning (i.e) Bharath citizenship. So every person belonging to this country having the citizenship is bound to follow in the maintenance of the life as per the Directive Principles of State Policy and also as per the fundamental duties envisaged in the Constitution.

The rights to establish and maintain the Minority Institutions under Article 29 and 30 of the Constitution of India are the protective right with regard to particular legally envisaged right to protect that religion, to protect that language, to protect that culture. These rights are subordinate to the concept of Bharat. Any right which is not in consonance with the ideology of Bharat harmful to the Nation (i.e) Bharath cannot be called as a fundamental right.

The insight in the growth of this Nation for the last few years has thrown open so many challenges. Can it be said that an Institution run by Minority Community is contributing anything against the spirit of Nation of Bharat. Neither Article 30 nor Article 29 gives that right or even for a moment conceive that thought. If that Minority Institution works in that particular fashion which is harmful to the growth of the nation that has to be curtailed under various provisions of the other laws including the law of creating hatred among various communities punishable under the IPC.

Therefore, with regard to the doubt that the Minority Institution there is the possibility of giving wrong signal to the Nation is not correct. The constant vigil by the instrumentalities of the state to find out whether there is any misuse of the instinct of the Articles 29 and 30, it has to be investigated and curbed and controlled by the particular agencies dealing in the investigation with regards to safeguard of nationalism. These two Articles should not be misunderstood that they are against nationalism; on the other hand, the Minority Institutions are intended to take special measures with regard to protection of religious, linguistic or cultural minority. This interpretation is only possible because these institutions are allowed to run by Bharat citizens. These rights can be ascertained by Bharatiya citizens and not by foreign citizens.

An approach in the actual working of the system:

It is argued that by having the Minority Institutions an element of mental attitude is being developed to consider minorities are distinct from the majority of the Nation either in religion, language or culture. Well, the picture in this Nation appears to be that this concept harmed the national interests to some extent. But the legal right cannot be considered as incorrect simply because it is not properly implemented that there is something wrong in the implementation. If the concept of Bharatiya citizens is imbibed in the mind, the true spirit, concept and the necessity of that right as mentioned in the Article29, 30 of the constitution will be highly logistic. The narrow construction or the malice intention to misuse the Articles must be curbed with iron will from the legislators and determined action by the administration. If any Minority Institution is misused to create antisocial feelings, the laws dealing with such elements have to be applied and the culprits punished. Simply because some elements are misusing the law, it cannot be said that the law is responsible for the same. On the other hand, according to the Constitution under Article 14, “equality before law and equal protection of laws” is the basic feature. Secularism is the basis feature of the Constitution.
Then, how Articles 29 and 30 can be said to be inconsistent with nationalism? Misuse of the Articles, the rights emanated from those Articles must be carefully watched and put an end to that particular element. That is the way of balancing the true interpretation, rights and effective use of the Constitution. In the wise statesmanship, these two Articles are introduced specially at the time when the country was divided as India and Pakistan.