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[Article 29]
[Constitution]
Constitution Subarticle
Article 29(2) in Constitution of India
Any section of citizens residing in India having a distinct language, script, or culture of its own has the right to conserve and promote its language, script, or culture. This provision ensures the preservation and development of the unique identity and heritage of minority communities. Minority communities, whether based on religion or language, have the right to establish and administer educational institutions of their choice. This enables minorities to establish educational institutions that cater to their specific cultural and linguistic needs. Article 29 also prohibits discrimination against any citizen on the grounds of religion, race, caste, language, or any of them with respect to admission into educational institutions maintained or aided by the state.
In the case of D.A.V. College, Jalandhar v. The State of Punjab (1971), and the Supreme Court held that setting up of University and teaching Punjabi language is not infringing clause 1 of Article 29.
In the case, St. Stephen's College v. University of Delhi (1992), the Supreme Court dealt with the question of whether minority educational institutions can reserve seats for students belonging to their own community. The court ruled that minority institutions have the right to admit students from their own community, provided the admission process is fair and transparent.
In the case, T.M.A. Pai Foundation v. State of Karnataka, the Supreme Court addressed the issue of the right of minority educational institutions to establish and administer their institutions. The court upheld the autonomy of minority institutions in matters of admission and administration, emphasizing that they have the right to preserve their own character and identity.
In the case, Animal Welfare Board v. Union of India (Jallikattu case), the Supreme Court dealt with the question whether the sport of Jallikattu was protected as a cultural right under Article 29 of the Constitution of India? The Supreme Court upheld the practice of Jallikattu, as permitted by the 2017 Tamil Nadu Amendment to the Prevention of Cruelty to Animals Act, 1960. The five-judge Bench in 2023 overruled the view taken by a two-judge Bench of the court in its 2014 ruling in Welfare Board of India v. A. Nagaraja, banning such sports including Jallikattu.ReferencesIndianKanoon News Article SC Observer Blog Ipleaders