The Constitution On minority rights
(Source – The Hindu, International Edition – Page No. – 10)
| Topic: GS2 – Indian Polity |
| Context |
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Introduction to Minority Rights
- Minority rights are critical for democracy, emphasizing equality and the preservation of diversity.
- The UN adopted the ‘Declaration on the Rights of Minorities’ on December 18, 1992, celebrated globally as Minority Rights Day.
- Franklin Roosevelt emphasized that democracy cannot survive without recognizing minority rights.
Historical Origin of Minority Rights
- 19th Century Developments:
- Article 19 of Austria’s Constitutional Law (1867) and Hungary’s Act XLIV (1868) recognized the rights of ethnic minorities.
- The Swiss Constitution (1874) granted equal rights to its three national languages.
- Post-World War I Treaties:
- Peace treaties included minority protections for nations like Poland, Romania, and Yugoslavia.
- Nations such as Albania and Finland voluntarily pledged to protect their minorities.
- Universal Declaration of Human Rights (1948):
- Article 27 affirms every individual’s right to community and cultural participation.
| Minority Rights in India’s Constitution |
Constituent Assembly Debate:
Key Provisions:
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Judicial Interpretation of Minority Rights
- Aligarh Muslim University Case (2024): Article 30 was upheld as a ‘facet of equality.’
- Xavier’s College Case (1974): Affirmed equality between majority and minority through Article 30.
- Keshavananda Bharati Case (1973): Declared minority rights as part of the Constitution’s basic structure.
- Courts have consistently ruled that minority institutions, including pre-Constitution entities, deserve protection.
| Defining a Minority |
Supreme Court’s View:
Criteria for Minority Institutions (TMA Pai Foundation, 2002 & AMU, 2024):
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Rationale for Minority Rights
- Focuses on the preservation of diversity and the dignity of individuals through community viability.
- Rights under Articles 14-18, 19, and 25 are insufficient without additional protections under Articles 29 and 30.
- The Supreme Court permits regulations to prevent maladministration and uphold institutional excellence.
Conclusion
- Minority rights are integral to democratic functioning, fostering equality and ensuring cultural preservation.
- These provisions reinforce India’s multicultural ethos while maintaining balance through judicial oversight.
| PYQ: Whether National Commission for Scheduled Castes (NCSCJ) can enforce the implementation of constitutional reservation for the Scheduled Castes in the religious minority institutions? Examine. (150 words/10m) (UPSC CSE (M) GS-2 2018) |
| Practice Question: Examine the constitutional provisions and judicial interpretations that uphold minority rights in India. How do these provisions contribute to fostering equality and inclusivity in a diverse society? (250 Words /15 marks) |
