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Government Aid Not a Fundamental Right: SC

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  • 28 Sep 2021
  • 3 min read

Why in News

Recently, the Supreme Court (SC) ruled that government aid to an institution is a matter of policy and it is not a fundamental right.

  • Article 30 of the Constitution of India (dealing with rights of minorities to establish and administer educational institutions) is subject to its own restrictions being reasonable.

Key Points

  • Aid not a Fundamental Right:
    • The right of an institution, whether run by a majority or minority community, to get government aid is not a fundamental right. Both have to equally follow the rules and conditions of the aid.
  • Reason:
    • Government aid is a policy decision. It depends on various factors including the interests of the institution itself and the ability of the government to understand the exercise.
    • Financial constraints and deficiencies are the factors which are considered relevant in taking any decision while giving aid, including both the decision to grant aid and the manner of disbursement of an aid.
  • Withdrawal of Aid:
    • If the government made a policy call to withdraw aid, an institution cannot question the decision as a matter of right.
    • If an institution does not want to accept and comply with the conditions accompanying such aid, it is well open to it to decline the grant and move in its own way. On the contrary, an institution can never be allowed to say that the grant of aid should be on its own terms.

Article 30

  • Article 30 (1): All minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice.
  • Article 30(1A) deals with the fixation of the amount for acquisition of property of any educational institution established by minority groups.
  • Article 30(2) states that the government should not discriminate against any educational institution on the ground that it is under the management of a minority, whether based on religion or language, while giving aid.

Source: TH

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