LEGAL PROVISIONS RELATED TO MINORITIES
The term "Minority" is not defined in the Indian Constitution. However, the Constitution recognises religious and linguistic minorities.
- Article 29: It provides that any section of the citizens residing in any part of India having a distinct language, script or culture of its own, shall have the right to conserve the same. It grants protection to both religious minorities as well as linguistic minorities.
However, the Supreme Court held that the scope of this article is not necessarily restricted to minorities only, as use of the word ‘section of citizens’ in the Article includes minorities as well as the majority.
- Article 30: All minorities shall have the right to establish and administer educational institutions of their choice.
The protection under Article 30 is confined only to minorities (religious or linguistic) and does not extend to any section of citizens (as under Article 29).
- Article 350-B: Originally, the Constitution of India did not make any provision with respect to the Special Officer for Linguistic Minorities. However, the 7th Constitutional Amendment Act, 1956 inserted Article 350-B in the Constitution.
It provides for a Special Officer for Linguistic Minorities appointed by the President of India. It would be the duty of the Special Officer to investigate all matters relating to the safeguards provided for linguistic minorities under the Constitution.
- National Commission for Minority Education Institution (NCMEI) Act, 2004:
It gives the minority status to the educational institutions on the basis of six religious communities notified by the government under the NCMEI Act, 2004-- Muslims, Christians, Sikhs, Buddhists, Zoroastrians (Parsis) and Jains.