Aryan Dubey, KIIT School of Law, KIIT (Deemed) University, Bhubaneswar
Avni Agarwal, KIIT School of Law, KIIT (Deemed) University, Bhubaneswar
ABSTRACT
The intersection of constitutional law and minority educational institutions in India is a complex area deserving exploration. Central to this is Article 30(1) of the Constitution, which grants linguistic and religious minorities the important right to set up and manage their own schools. This provision is crucial for promoting diversity and inclusivity in the Indian education system. A key legal instrument in protecting these rights is the National Commission for Minority Educational Institutions (NCMEI) Act of 20041. This Act establishes the NCMEI as a body with the power to resolve disputes and provide guidance on matters related to minority education. Understanding this legal framework requires considering not only constitutional principles and laws but also recent court decisions, like the one in Sisters of St. Joseph of Cluny v/s The State of West Bengal and Ors. (2018) 6 SCC 7722, which clarify the Commission's authority.
Beyond legalities, there are real-life challenges faced by minority communities, including bureaucratic hurdles and cultural biases. It's essential to look at these issues from both a legal and social perspective to find solutions that truly promote equality and diversity in education.
This study aims to delve into these challenges, shedding light on how constitutional principles and laws impact minority education. By doing so, it hopes to contribute to a better understanding of minority rights and pave the way for more inclusive education policies.
Keywords: Minority Educational Institution, Inclusive Education, Linguistic and Religious Minority, Constitutional Principle.
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