ARTICLE 29 – Protection of Interests of Minorities

🔷 ARTICLE 29 – Protection of Interests of Minorities

📜 CONSTITUTIONAL TEXT

Article 29(1):

Any section of the citizens residing in the territory of India or any part thereof having a distinct language, script or culture of its own shall have the right to conserve the same.

Article 29(2):

No citizen shall be denied admission into any educational institution maintained by the State or receiving aid out of State funds on grounds only of religion, race, caste, language or any of them.

✅ Example 1 – Article 29(1):

"Let’s say there is a small tribal community in Karnataka – maybe just a few hundred families.

They speak their own local language, wear traditional clothes, celebrate unique festivals, and follow special customs which are different from the majority Kannada culture.

According to Article 29(1), the Constitution gives them the full right to:

Speak their language,

Teach it to their children,

Celebrate their culture,

And pass it on to the next generation.

No one – not the government or any group – can stop them from protecting their unique identity.

This article helps to keep India’s diversity safe — whether it's a tribal group in Karnataka, or a Tamil-speaking group in Delhi, or a Bengali group in Punjab. All have the right to preserve their culture."

✅ Example 2 – Article 29(2):

"Now imagine you're applying to a government college or school.

Let’s say you’re a Muslim student from Bihar, or a Dalit student from Tamil Nadu, or a Christian student from Kerala, or even a Punjabi-speaking student in Karnataka.

Under Article 29(2), the college or school cannot reject your application just because of your:

Religion (like Hindu, Muslim, Christian etc.),

Caste (SC/ST/OBC etc.),

Race or Language (whether you speak Kannada, Hindi, Tamil, etc.).

In simple words:
👉 As long as you meet the eligibility (like marks or entrance test), they cannot say no to you because of your identity.

This article protects equality in education – so that no citizen is treated unfairly when it comes to admission in public educational institutions."

🧠 SIMPLE EXPLANATION

🔹 Article 29(1): Cultural & Linguistic Rights

🔍 Explanation in Easy Words:

If any group of Indian citizens (not foreigners)
Has their own language, script, or culture that is different from others
And they are living anywhere in India

👉 Then, they have a fundamental right to protect and continue their unique identity (language, script, or culture).

✅ Conditions to use Article 29(1):

Must be Indian citizens (not foreigners).
Must have a distinct language/script/culture.
Must be a section of citizens (not necessarily a religious or linguistic minority only).

Feature	Details
Who can claim?	Any section of citizens – not limited to minorities
What must they have?	A distinct language / script / culture
What right is given?	To preserve their identity
Does it apply to individuals?	Yes, through their group identity
Does it apply to the majority also?	✅ Yes, both majority and minority groups can claim it

🔹 Example 1: Tulu-speaking community in Karnataka

Tulu-speaking people in coastal Karnataka form a section of citizens with a distinct language and culture.
They start Tulu-medium schools, organize Tulu literature festivals, and publish books in Tulu to preserve their language.
This is fully protected under Article 29(1).

✅ Why it applies:
They are Indian citizens with a unique language and culture, using their right to conserve it.

🔹 Example 2: Bengali community in Delhi

A group of Bengali citizens in Delhi start a cultural association to celebrate Durga Puja, teach Bengali script, and promote Bengali traditions.

✅ They are using their Article 29(1) rights to preserve their cultural identity outside their native state.

📌 Important Case:

D.A.V. College v. State of Punjab (1971)

Punjab created Guru Nanak Dev University to promote Punjabi language and culture.

Supreme Court said: No violation of Article 29(1)
✅ Supporting one culture doesn't mean suppressing others.

🔹 Article 29(2): Educational Access Without Discrimination

What it guarantees:
👉 No citizen can be denied admission into:
- Govt. institutions
- Private institutions aided by the State
  👉 On the basis of:
- Religion
- Race
- Caste
- Language

❗Important Notes:

Discrimination must be only on the above grounds.
If admission is denied for other reasons (like domicile, sex, income, merit), Article 29(2) is not violated.
Institutions not getting State aid (i.e. unaided private) — 29(2) does not apply.

🔹 Example 1: Discrimination based on language

A Kannada-speaking student applies for admission to a government-aided school in Maharashtra.
The school denies admission only because the student does not speak Marathi.

❌ This is a violation of Article 29(2).
✅ No citizen can be denied admission only on the basis of language in a state-aided educational institution.

🔹 Example 2: Discrimination based on religion

A government college in Uttar Pradesh refuses to admit a student just because they are Christian.

❌ This violates Article 29(2) — religion cannot be the sole ground for denying admission.

🔹 Example 3: No violation

A state medical college reserves seats for domicile students of that state.

✅ This is not a violation of Article 29(2), because domicile/residence is not a prohibited ground under Article 29(2).

📌 Example:

Champakam Dorairajan Case (1951):
👉 A reservation policy in Madras was struck down as it violated Article 29(2).
👉 Led to the First Constitutional Amendment, adding Article 15(4) (special provisions for backward classes).

🔄 DIFFERENCE: Article 15(1) vs Article 29(2)

Feature	Article 15(1)	Article 29(2)
Scope	General protection from discrimination	Specific protection for admission to educational institutions
Applies To	Only the State	State + Aided Educational Institutions
Grounds	Religion, race, caste, sex, place of birth	Religion, race, caste, language (not sex/place of birth)
Applies Where?	Anywhere	Only for admission to State-maintained/aided institutions
Beneficiaries	All citizens	All citizens, not just minorities

✅ Example:

If someone is denied admission due to sex(male or female) – violates Article 15(1), not 29(2).
If someone is denied admission due to language – violates Article 29(2).

🧾 KEY SUPREME COURT JUDGMENTS

Champakam Dorairajan (1951)
- Invalidated caste-based admission quotas.
- Result: 1st Constitutional Amendment – Article 15(4) added.
D.A.V. College Case (1971)
- State promoting majority language (Punjabi) ≠ violating minority rights.
- Article 29(1) allows all citizens to conserve culture – even majority.

📚 EXTRA NOTES FOR UPSC

🔹 Who can claim Article 29 rights?

Not only minorities. Any “section of citizens” qualifies — even majority communities.

🔹 What kind of minorities?

Linguistic minorities
Cultural minorities
Religious minorities (Article 29 + Article 30 together protect them)

🔹 Applicability:

Only for citizens of India
Foreigners cannot claim Article 29 rights.

🧾 MAINS ENRICHMENT

🔍 Constitutional Morality & Article 29:

India’s constitutional spirit supports pluralism and cultural diversity.
Article 29 strengthens unity in diversity by legally protecting minority cultures and languages.

✍️ Sample Mains Question:

Q. Discuss the relevance of Article 29 in preserving India’s linguistic and cultural diversity. How does it complement Article 15?

🧠 PRELIMS MCQs

Which of the following rights is available only to citizens and not to foreigners?
A. Article 21
B. Article 29
C. Article 14
D. Article 32
✅ Answer: B
Which of the following grounds is NOT included under Article 29(2)?
A. Religion
B. Caste
C. Sex
D. Language
✅ Answer: C
Champakam Dorairajan case is related to which Fundamental Right?
A. Article 15
B. Article 29(2)
C. Article 30
D. Article 16(4)
✅ Answer: B

Target IAS Kannada

ARTICLE 29 – Protection of Interests of Minorities