Article 21A Versus Article 30 (1): Right to Education Versus Minority Rights

Abstract

Education is a key to development of humanity. Indian Judicial system, in Unni Krishnan case, has endeavored to read right to education as part of right to life, and which was equally responded by Indian parliament, through Eighty Sixth Constitutional Amendment. Other important part of Indian Constitution is minority rights. Right to education became a part of Constitution of India in last 25 years only, but minority’s right to establish educational institutions of their own choice was present in original constitution also. It is important to analyze whether there is any conflict between articles 21A and article 30 (1) of Constitution of India. Whether meaning, scope and nature of education under both these articles is same? Is it a conflict between the individual rights of a child and collective right of a religious or linguistic minority or a conflict between right to a basic education and right to a specialised education? This paper will attempt to focus on these points of conflict. This study is even more important when there are allegations that educational institutions of religious nature are breeding fundamentalism in young minds. Recently, Maharashtra government has also derecognised some madrassahs as educational institutions. But the biggest question which writer is trying to emphasize is; whether these rights can be harmoniously constructed, which could be beneficial for the child’s right as well as society’s right in general and minority’s rights in specific?

Keywords: Constitution of India, Fundamental Rights, Right to Education, Minority Rights

JEL Classification: K10, K40