Why in the News?

The Supreme Court stated that laws regulating institutions run by religious or linguistic minorities do not inherently violate the principle of secularism.
- The CJI made this observation while hearing a challenge to the Allahabad High Court’s decision to strike down the Uttar Pradesh Board of Madrasa Education Act, 2004.

Why do we need to discuss this?

The 2004 Act regulated madrasas in Uttar Pradesh, and the High Court concluded that it violated secular principles.
It had ordered the transfer of madrasa students to regular schools, which affected nearly 17 lakh students across 16,000 madrasas in the state.
- Petitioners pointed out that the High Court believed that madrasas violated Article 28 of the Constitution, which prohibits religious instruction in institutions fully funded by the State.

A law regulating a minority institution does not, by itself, violate secularism.
The CJI referred to the Hindu Religious Endowments and Charitable Institutions Act, which regulates the administration of religious institutions in many states, from Maharashtra to Tamil Nadu.
The CJI emphasized that the State has the right to legislate to improve the quality of education in government-aided minority-run institutions.
He noted that children attending madrasas need a broad-based education to learn essential subjects required to lead a proper life and become worthy citizens.

	Details
Constitutional Provision	Article 30(1) of the Constitution of India grants linguistic and religious minorities the right to establish and administer educational institutions of their choice.
Legislative Framework	National Commission for Minority Educational Institutions Act, 2004 safeguards the educational rights of minorities as per Article 30(1).
Definition	A “Minority Educational Institution” is defined as a college or institution established or maintained by a person or group from amongst the minorities (Section 2(g) of the Act).
Judicial Precedent	In T.M.A. Pai Foundation vs. State of Karnataka (2002), the Supreme Court ruled that minority status is determined by state demographics, not national population.
Rights of Minority Institutions	Article 29 protects the interests of minorities by allowing them to conserve their distinct language, script, or culture. Minority institutions do not have an absolute right to appoint staff; This was upheld in the context of the West Bengal Madrasah Service Commission Act, 2008.
Recognized Minority Communities	Muslims, Sikhs, Christians, Buddhists, Jains, and Zoroastrians (Parsis) are recognized as minority communities under the National Commission for Minorities Act of 1992.
Significance	Minority educational institutions play a crucial role in preserving the cultural and linguistic heritage of minority communities while providing access to education.

PYQ:

[2011] In India, if a religious sect/community is given the status of a national minority, what special advantages it is entitled to?

1. It can establish and administer exclusive educational institutions.

2. The President of India automatically nominates a representative of the community to Lok Sabha.

3. It can derive benefits from the Prime Minister’s 15-Point Programme.

Which of the statements given above is/are correct?

(a) 1 only

(b) 2 and 3 only

(d) 1, 2 and 3