MEANING OF MINORITIES IN CONSTITUTION
A Constitution Bench of 11 Judges
of the Supreme Court in the matter TMA Pai Foundation and Others
Vs. State of Karnataka and Others has framed eleven questions
for consideration. Hearing of the Case has already been concluded
and the Supreme Court has reserved its judgement.
The 11 questions framed by the
Supreme Court about the meaning of minorities and their right
to establish educational institutions are:
- What is the meaning and content of the expression
"minorities" in Article 30 of the Constitution of
India?
- What is meant by the expression "religion"
in Article 30(1)?
Can the followers of a sect or denomination of a
particular religion claim protection under Article 30(1) on the
basis that they constitute a minority in the State even though
the followers of that religion are in majority in that State?
- (a) What are the indicia for treating an educational
institution as minority educational institution? Would an institution
be regarded as a minority educational institution because it
was established by a person(s) belonging to a religious or linguistic
minority or its being administered by a person(s) belonging
to a religious or linguistic minority?
3.(b) To what extent can
professional education be treated as a matter coming under minorities
rights under Article 30?
- Whether the admission of students to minority
educational institutions, whether aided or unaided, can be regulated
by the State Government or by the University to which the institution
is affiliated?
5.(a) Whether the minority’s
rights to establish and administer educational institutions
of their choice will include the procedure and method of admission
and selection of students?
5.(b) Whether
the minority institution right to admission of students and
to lay down procedure and method of admission, if any, would
be affected in any way by the receipt of State aid?
5( C ) Whether the statutory
provisions which regulate the facets of administration like
control over educational agencies, control over governing bodies,
conditions of affiliation including recognition/withdrawal thereof,
and appointment of staff, employees, teachers and Principals
including their service conditions and regulation of fees would
interfere with the right of administration of minorities?
6(a) Where can minority institution
be operationally located? Where a religious or linguistic minority
in State-‘A’ establishes an educational institution in the said
State, can such educational institution grant preferential admission/reservations
and other benefits to members of the religious/linguistic group
from other States where they are non-minorities?
6(b) Whether it would be correct
to say that only the members of that minority residing in State’A’
will be treated as the members of the minority vis-à-vis
such institution?
- Whether the member of a linguistic non-minority
in one State can establish a trust/society in another State
and claim minority status in that State?
- Whether the ratio laid down by this court in St.
Stephen’s case (St. Stephen’s College Vs. University of Delhi,
1992(1) SCC 558) is correct? If no, what order?
- Whether the decision of this court in Unni Krishnan
J.P. Vs. State of A.P. , 1993(1) SSC 645 (except where it holds
that primary education is a fundamental right) and the scheme
framed thereunder requires reconsideration, and if yes, what?
- Whether the non-minorities have the right to establish
and administer educational institution under Article 21 and
29(1) read with Articles 14 and 15(1), in the same manner and
to the same extent as minority institutions?
- What is the meaning of the expression "Education"
and "Educational Institutions" in various provisions
of the Constitution? Is the right to establish and administer
educational institutions guaranteed under the Constitution?
