Case Raised Against Article 29
State of Madras vs Champakam Dorairajan (1951)
In this case , people of Madras challenged the order passed by Madras government for admission of students to state medical and engineering colleges. It was found that the order denying the admission of students based on religion and caste. This order was violating the article 29(2) and article 15 of the constitution.
Judgement of the Court
The court found that the order was violating article 29 of the constitution. After this , article 15 of constitution was amended to bring forward socially and educationally backward section of society.
State of Bombay vs Bombay Educational Society (1954)
In this case , people of Bombay challenged the Bombay government for passing the order which tries to ban the admission of those students whose mother tongue was not English. English medium school aided by government were compelled to do so. They told the schools that if they will take admission of those students whose mother tongue is not English , then they will cancel the fund provided by the government.
Judgement of the Court
The court ordered that students minority institutions have the right to give admissions to the students of their choice. Court also clarify that government does not have right to violate rights of minorities.
Article 29: Protection of Interests of Minorities
Article 29 of the Indian Constitution talks about the Protection of Interests of Minorities. This article makes sure that any minority section should never be suppressed by the upper section of society. This article was introduced on 26 April 1975. Article 29 has two important divisions which first state that every citizen who is living in India and follows a distinct language, script, or culture has the right to conserve these, and second states that no citizen shall be denied admission into any institutional organization on the basis of religion, race, caste, language or any of them. Article 29 and 30 falls under the category of Cultural & Educational Rights.
Table of Content
- What are Cultural and Educational Rights?
- Which Section of Society Falls Under the Minority?
- Article 29 of the Indian Constitution: Protection of Interests of Minorities
- Case Raised Against Article 29
- Similarity Between Article 29 and Article 30 of the Constitution