MINORITY RIGHTS – THE JUDICIAL APPROACH
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Keywords:
Minority, Educational Institution, Linguistic Minority, Fundamental RightAbstract
The persons who are inheritance of the rights under Article 30 of the Indian Constitution are minority. This right secures to religious and linguistic minorities a right to establish and administer educational institutions of their choice. Whenever, therefore, a group seeks its protection by challenging a law or executive action before a court, the foremost question that the court must dispose of a preliminary step is whether the group seeking protection is in fact a minority definable in terms of the article. The probe would require an enquiry into two questions, (i) What is a minority? (ii) How is minority to be ascertained in a given situation?
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