Consider the following statements regarding minority status;

1. Minority status of religious and linguistic communities is "State-dependent".
2. Religious or linguistic community which is a minority in a particular State can inherently claim protection and the right to administer and run its own educational institutions under Articles 29 and 30 of the Constitution.

The correct statement/s is/are:

Question

Consider the following statements regarding minority status;

1. Minority status of religious and linguistic communities is "State-dependent".

2. Religious or linguistic community which is a minority in a particular State can inherently claim protection and the right to administer and run its own educational institutions under Articles 29 and 30 of the Constitution.

The correct statement/s is/are:

Quintessence Classes · Accepted Answer

The correct answer is 1 only. Analysis of the Statements1. Minority status is "State-dependent" (Correct)The Supreme Court of India, most notably in the TMA Pai Foundation case (2002) and later reaffirmed in the Bal Patil case, ruled that for the purpose of Article 30, the unit for determining status as a religious or linguistic minority is the State, not the whole of India. Since States were reorganized on a linguistic basis, it follows that minority status must be assessed relative to the population of that specific State.2. Inherent claim to Articles 29 and 30 (Incorrect)While a community might be a minority in a State, they do not inherently or automatically get to exercise these rights without official recognition.A community must be notified as a minority by the government to avail themselves of these specific protections.Furthermore, Article 29 (protection of interests) is actually available to any section of citizens, not just minorities, whereas Article 30 (right to administer institutions) is specific to minorities. The word "inherently" is the trap here; legal recognition/notification is a prerequisite.

Answer

2 only

Answer

Both

Answer

Neither 1 nor 2

Answer & Explanation

About this question

JKPSC JKAS 2023 Prelims

Details

More Polity questions

Practice 1,596+ more PYQs interactively