RIGHT TO EDUCATION OF MINORITIES UNDER THE INDIAN CONSTITUTION: THE EVOLVING ROLE OF JUDICIARY

AUTHOR – RITIKA NEGI, LLM SCHOLAR (CONSTITUTIONAL LAW) AT AMITY INSTITUTE OF ADVANCED LEGAL STUDIES

BEST CITATION – RITIKA NEGI, RIGHT TO EDUCATION OF MINORITIES UNDER THE INDIAN CONSTITUTION: THE EVOLVING ROLE OF JUDICIARY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (7) OF 2025, PG. 920-932, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The Constitution of India enshrines the right to education as a basic fundamental right under Article 21A and further endeavours to safeguard the rights of minorities through Articles 29 and 30, thereby empowering the minority groups to establish and administer educational institutions of their preference and choice. These provisions constitute the foundational elements of India’s pluralistic  society and educational framework which believes in inclusivity. Nonetheless, the journey to the acquire and practice these rights has not been complicated. It required consistent judicial scrutiny and interpretation to address the intricate tensions between state oversight, public interest, and minority autonomy. The author through this paper intends to investigate the parameters of the right to education in regards to minorities present in India, while also analysing the evolving stance and role of the Indian judiciary in interpreting and enforcing these rights with the help of  comprehensive Supreme Court rulings, constitutional provisions, and legislative advancements. The paper tries to focus in the light of judiciary’s crucial role in elucidating the scope, constraints, and practical consequences of minority education rights.

Keywords

Linguistic Minorities, Religious Minorities, Education, Judicial role, Pluralistic Society