- Article 30 grants minorities (religious or linguistic) the right to establish and administer educational institutions of their choice. This right is specifically for minorities. - The question concerns a person other than one covered under Article 30, meaning a person belonging to the majority community or a non-minority group. - A) Article 14 (Right to equality) is relevant for non-discrimination but does not grant the specific right to establish and manage an institution. - B) Article 19(1)(g) guarantees all citizens the right to practice any profession, or to carry on any occupation, trade or business. The Supreme Court has held that establishing and managing an educational institution is a fundamental right available to all citizens under Article 19(1) (g), subject to reasonable restrictions under Article 19(6). This is the basis for the right of non- minorities to establish and administer educational institutions. - C) Article 29 (Protection of interests of minorities) protects the cultural and educational rights of minorities. It is not applicable to non- minorities establishing institutions. - D) Article 41 is a Directive Principle of State Policy related to the right to work, education, etc., not a Fundamental Right that an individual can claim to manage an institution.
If any person other than the one covered under Article 30 of the Constitution of India establishes a college, which Fundamental Right can be claimed by him/her for managing that institution?
Asked in UPSC Combined Section Officer 2019 20 · Topic: Fundamental Rights (Cultural and Educational Rights of Minorities (Articles 29-30))
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Answer: B. Right to one of the freedoms under Article 19(1)
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