Meaning of a 'minority institution'

• It refers to an educational institution established and managed by a minority population, mainly based on religion or language. 
• The Constitution does not define 'minority'; it is recognized to be a community that is statistically smaller than the dominant population. 
• The status of a minority community is regulated at the state level, and under Article 30, minorities may be recognized based on religion or language.

Article 29

• It protects minorities' rights to preserve their unique language, script, or culture.
• It ensures that no citizen is denied admission to a state-run educational institution or receives state aid only based on religion, race, caste, or language.

Article 30

• It guarantees minorities with the right to establish and manage educational institutions of their choice. 
  • • The state cannot interfere in the administration of these institutions, nor can it discriminate against them because of their minority status, whether religious or linguistic. 
• It ensures that the state does not violate minorities' rights, especially when it comes to the acquisition of their property for public purposes.

National Commission for Minority Educational Institutions (NCMEI)

• It was established under the National Commission for Minority Educational Institutions Act 2004.
• It protects minorities' rights in educational institutions, advises the government on minority education issues, and acts in cases of loss or violation of minority educational rights.
•  It addresses disputes involving the recognition of minority status for educational institutions.

Steps to set up a minority educational institution  

• The application will be reviewed, and the Competent Authority must issue or deny the NOC within 90 days.
• If denied, the applicant may appeal the decision.
• If approved, the institution can choose its governing body, admit students, and set its fee structure. 
  • • It may reserve seats for students from its community, but must follow constitutional guidelines if receiving state funding.

How do Minority institutions differ from other institutions?

• Minority institutions, unlike other institutions, are not required to maintain SC, ST, or OBC reservations in admissions or employment.
• They have greater autonomy in selecting their staff (including teachers), and can choose their principal based on their preferences, unlike the state-run institutions where seniority is a major factor.
• They can reserve up to 50% of seats for students from their own community, but if they receive state funding, they must admit a reasonable proportion of non-minority students.

PRACTICE QUESTION

Q.Consider the following statements:

1. The Constitution of India does not define the word ‘Minority’.

2.  Total 4 religious communities are notified as the minority by the Central Government.

Which of the above statements is/are correct?

A) 1 only

B) 2 only

C) Both 1 and 2

D) Neither 1 nor 2

Answer: A

Explanation:

Statement 1 is correct:

The Indian Constitution does not define the term 'Minority' and only refers to those who are 'based on religion or language'. However, the rights of minorities are clearly stated in the Constitution. The Constitution categorizes minorities' rights into 'common domain' and 'separate domain'. The rights in the 'common domain' apply to all citizens of the country. Rights in the 'separate domain' are reserved for minorities to protect their identity.

Statement 2 is incorrect:

Muslims, Sikhs, Christians, Buddhists, Jain, and Zorastrians (Parsis) are recognized as the minority communities by the Central Government under Section 2(c) of the National Commission for Minorities Act, 1992. According to the 2011 Census, minorities comprise about 19.3% of the country's population.