Importance of minority rights in democracy

Source: The post importance of minority rights in democracy has been created, based on the article “The Constitutionon minority rights” published in “The Hindu” on 18th December 2024

UPSC Syllabus Topic: GS Paper 2- Polity-Constitution of India —historical underpinnings, evolution, features, amendments, significant provisions and basic structure.

Context:  The article discusses the importance of minority rights in democracy, their historical origins, constitutional provisions in India (Articles 29, 30, 350A, 350B), judicial interpretations, and frameworks for defining and protecting minority institutions, emphasizing equality, cultural preservation, and institutional excellence.

What is the importance of minority rights in democracy?

Minority rights are essential for the survival of democracy. They ensure equality, protect diversity, and uphold dignity. As Franklin Roosevelt said, “No democracy can survive without recognizing minority rights.” The UN declared December 18 as Minority Rights Day in 1992 to highlight this importance.

How did minority rights originate?

1. 19th Century Constitutional Laws:

• Austria’s Constitutional Law (1867) recognized ethnic minorities’ absolute right to preserve their nationality and languages.
• Hungary’s Act XLIV (1868) included similar provisions.
• The Swiss Constitution (1874) granted equal rights to three national languages in civil services, legislation, and courts.

2. Post-World War I Treaties:

• Five treaties protected minorities in Poland, Romania, Greece, Yugoslavia, and Czechoslovakia.
• Austria, Bulgaria, Hungary, and Turkey also included minority protections in peace treaties.
• Countries like Albania, Finland, and Iraq voluntarily committed to minority protections.

3. Universal Declaration of Human Rights (1948): Article 27 gave individuals the right to enjoy their culture and participate in cultural forums.

How did India’s Constitution address minority rights?

1. The framers of the Constitution were sensitive to minority needs. Articles 25-30 were introduced to ensure cultural and religious freedoms:

• Article 25: Freedom of religion.
• Article 29: Right to conserve language, script, and culture.
• Article 30: Right to establish and administer educational institutions.

2. Pandit G.B. Pant stressed that satisfying minorities was essential for peace and progress in India.
3. Additional Provisions:

• Articles 350A and 350B: Provide for education in the mother tongue and appoint special officers for linguistic minorities.
• Institutional Support: The National Commission for Minorities and the National Commission for Minority Educational Institutions address issues and provide safeguards.

How does the judiciary interpret minority rights?

1. Kerala Education Bill (1957): The Supreme Court emphasized that the dominant term in Article 30 is “choice,” allowing minorities to establish institutions without compromising their character. It held that the State cannot impose conditions that undermine minority rights while granting aid or affiliation.
2. Educational Autonomy: In St. Xavier’s College Society (1974), the court observed that minority rights ensure equal opportunities in establishing and managing educational institutions.
3. TMA Pai Foundation (2002): The court clarified that minorities should be defined at the state level and laid down guidelines for determining the nature of minority institutions.
4. Equality and Non-Discrimination: In Aligarh Muslim University (2024), the court reaffirmed Article 30 as a facet of equality and non-discrimination.
5. Balance of Rights and Regulation: Courts have consistently upheld that reasonable regulations ensure educational standards without infringing on minority rights.

Question for practice:

Examine how the Indian Constitution and judiciary have addressed the protection and promotion of minority rights.