If any person other than the one covered under Article 30 of the Constitution of India establishes a college, which Fundamental Right can be claimed by him/her for managing that institution?
Right to equality under Article 14
Right to one of the freedoms under Article 19(1)
Right under Article 29
Right under Article 41
Answer is Right!
Answer is Wrong!
This question was previously asked in
UPSC Combined Section Officer – 2019-20
– The question concerns a person *other than* one covered under Article 30, meaning a person belonging to the majority community or a non-minority group.
– A) Article 14 (Right to equality) is relevant for non-discrimination but does not grant the specific right to establish and manage an institution.
– B) Article 19(1)(g) guarantees all citizens the right to practice any profession, or to carry on any occupation, trade or business. The Supreme Court has held that establishing and managing an educational institution is a fundamental right available to all citizens under Article 19(1)(g), subject to reasonable restrictions under Article 19(6). This is the basis for the right of non-minorities to establish and administer educational institutions.
– C) Article 29 (Protection of interests of minorities) protects the cultural and educational rights of minorities. It is not applicable to non-minorities establishing institutions.
– D) Article 41 is a Directive Principle of State Policy related to the right to work, education, etc., not a Fundamental Right that an individual can claim to manage an institution.