Article 29(1) of the Indian Constitution guarantees the right of any section of citizens residing in India, or any part thereof, that has a distinct language, script, or culture, to conserve and preserve their unique identity.
This article acknowledges the importance of cultural diversity and seeks to protect the rights of different communities to maintain their linguistic, scriptural, and cultural heritage.
Right to Conserve Language, Script, or Culture
Article 29(1) explicitly grants the right to conserve one’s language, script, or culture to any section of citizens in India. This provision recognizes that different communities possess distinct identities that deserve protection and preservation.
Conditions to Claim the Right
To exercise the right under Article 29(1), certain conditions must be met:
Citizenship: The right can only be claimed by citizens of India. It is exclusive to citizens and does not extend to non-citizens residing in the country.
Residing in India: The section of citizens seeking to conserve their language, script, or culture must reside within the territory of India or any part thereof. This requirement ensures that the right applies to those within the country’s jurisdiction.
Distinct Language, Script, or Culture: The section of citizens must possess a unique language, script, or culture that sets them apart from others. This distinctiveness is a key criterion for claiming the right to conservation.
Educational Institutions and Instruction
Article 29(1) also enables the exercise of this right by establishing educational institutions. Communities can set up educational institutions to impart instruction in their language, script, or culture. This provision recognizes the importance of education in preserving and promoting linguistic and cultural diversity.
Preserving Cultural Heritage
The right to conserve language, script, or culture acknowledges cultural heritage’s value in shaping different communities’ identity and traditions. It allows communities to safeguard and transmit their unique practices, customs, and knowledge to future generations.
What is Article 29 (2)?
Article 29(2) of the Indian Constitution states that:
“No citizen shall be denied admission into any educational institution maintained by the state or receiving aid out of the state fund on the ground only of religion, race, caste, language or any of them.”
Comparison with Article 15(1) and Article 29(2)
| Points of Difference | Article 29(2) | Article 15(1) |
| Different grounds of discrimination. | Denial of admission to educational institutions maintained or aided by the state based on religion, race, caste, language, or any of them. | Discrimination on grounds of religion, race, caste, sex, or place of birth in various aspects of public life. |
| Applicability to different types of institutions. | Applies to educational institutions maintained by the state or receiving aid from the state, including private institutions. | Primarily applies to the state, but extends to private entities as well. |
| Different focus and extent of protection. | Specific protection against denial of admission to educational institutions based on certain grounds. | Broader protection against discrimination in various aspects of public life. |
| Non-applicability in specific cases. | Does not apply if admission is denied based on grounds other than those specified (religion, race, caste, language). | – |
Summary
Article 29(1) of the Indian Constitution upholds the right of any section of citizens to conserve their language, script, or culture. By granting this right, the Constitution recognizes the significance of cultural diversity and seeks to protect the identities and traditions of different communities.
It enables communities to establish educational institutions to impart instruction in their language and culture, ensuring preserving and promoting their distinct heritage.
Note: Access complete CLAT Legal Reasoning notes here.
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