The Supreme Court Historic Judgement

The framers of the Indian constitution were men of abilities, experience and vision. They had been successful in attaining independence after a long struggle and were competent enough to frame a wonderful constitution. The constituent assembly had held long discussions and debates and were, thus, able to frame the longest written constitution of the world. Article 30 : Right of minorities to establish and administer educational institutions. 1. All minorities whether based on religion or language shall have the right to establish and administer educational institution of their choice. 1A. In making any law providing for the compulsory acquisition of any property of any educational institution established and administered by a minority, refered to in clause (1), the state shall ensure that the amount fixed by or determined under such law for the acquisition of such property is such as would not restrict or abrogate the right guaranteed under that clause. 2. The state shall not, in granting aid to educational institutions, discriminate against any educational institution on the ground that it is under the management of a minority, whether based on religion or language. It will, thus, be seen that the constitution permits minorities to establish and administer their educational institutions. But since long, it was felt by the educational authorities of the states and the union that some institutions were sometimes misusing the constitutional provisions and as such the intervention of the Supreme Court was sought. In the context of above the Hon’ble Supreme Court consisting of an eleven judges bench delivered the historic judgement, which has far reaching implication for the institutions administered by the minorities.