Which articles protect Interests of Minorities?

Q.  The scope of Article 29 includes -

1) Religious minorities
2) Linguistic minorities
3) Majority

- Published on 21 Feb 17

a. Only 1 and 2
b. Only 1 and 3
c. Only 2 and 3
d. All of the above

ANSWER: All of the above
 
  • Article 29 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.

  • No citizen shall be denied admission into any educational institution maintained by the State or receiving aid out of State funds on grounds only of religion, race, caste, or language.

  • The first provision protects the right of a group.

  • The second provision guarantees the right of a citizen as an individual irrespective of the community to which he belongs.

  • Article 29 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 it is commonly assumed to be.

  • This is because of the use of words ‘section of citizens’ in the Article that include minorities as well as majority.

  • The Supreme Court also held that the right to conserve the language includes the right to agitate for the protection of the language.

  • Hence, the political speeches or promises made for the conservation of the language of a section of the citizens does not amount to corrupt practice under the Representation of the People Act, 1951.

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