With reference to the right of minorities to establish and administer educational institutions under Article 30, consider the following statements:
1. The right to administer includes the absolute right to maladministration without any state interference.
2. The state can regulate the academic standards, syllabus, and employment conditions of teachers in minority institutions.
3. The 44th Constitutional Amendment Act inserted a provision ensuring that the state pay just compensation if it acquires the property of a minority educational institution.

Which of the statements given above are correct?

Question

With reference to the right of minorities to establish and administer educational institutions under Article 30, consider the following statements:
1. The right to administer includes the absolute right to maladministration without any state interference.
2. The state can regulate the academic standards, syllabus, and employment conditions of teachers in minority institutions.
3. The 44th Constitutional Amendment Act inserted a provision ensuring that the state pay just compensation if it acquires the property of a minority educational institution.

Which of the statements given above are correct?

Accepted Answer

Statement 1 is incorrect: The Supreme Court in the TMA Pai and In Re Kerala Education Bill cases held that the right to administer is not the right to maladministrate; academic regulations can be applied. Statement 2 is correct: State regulations for maintaining educational standards, hygiene, and discipline are constitutional. Statement 3 is correct: When Article 31 (Right to Property) was deleted by the 44th Amendment in 1978, Article 30(1A) was specifically added to protect minority institutions from uncompensated property acquisition.

Answer

Answer