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ISSN: 2230-9926 International Journal of Development Research

Vol. 07, Issue, 06, pp.13445-13449, June, 2017

ORIGINAL RESEARCH ARTICLE

ORIGINAL RESEARCH ARTICLE Open Access

MINORITY RIGHTS IN THE CONSTITUTION OF INDIA

*Vineeth Thomas
Doctoral Fellow, Department of Politics and International Studies, Pondicherry University,
Puducherry, India

ARTICLE INFO ABSTRACT

Article History: The term minority is a well versed one in the various arenas of life and academic circle. As per
Received 29th March, 2017 oxford English dictionary, the literal meaning of minority is, “The smaller number or part,
Received in revised form especially a number or part representing less than half of the whole.” A more detailed and living
14th April, 2017 explanation for the minority can be found in the scholarly works of academicians. According to
Accepted 26th May, 2017 Louis Wirth, a renowned Sociologist minority group is "a group of people who, because of their
Published online 30th June, 2017 physical or cultural characteristics, are singled out from the others in the society in which they
live for differential and unequal treatment, and who therefore regard themselves as objects of
Key Words: collective discrimination.” India is a land of diversities housing large varieties of people with
India, different culture, language, religion, caste, race, tribes, costumes, food habits, way of living,
Religion, standard of living, party affiliations’ so and so. Within this diversity, when it comes to religion,
Communalism, Hinduism is the majority religion in India with its 79.80 % population. India also has minority
Minorities, religions like Islam, Christianity, Jainism, Buddhism, Parsi, Sikhism etc. This numeral difference
Indian Constitution. in the strength of believers of various religions is a fertile ground for communal violence and
riots. This also makes the minorities vulnerable to the attacks of the majority religion and its
believers. India has an inglorious history and legacy of many communal clashes and ferocity.
Partition of India is a prominent example for justifying India’s faded heritage on accounts of
intolerant religious sentiments. Keeping the fresh memories of bloodshed communal riots and
mutinies, the founding fathers and framers of Indian constitution were very particular and
cautious to include such provisions in Indian Constitution, which can stop the communal violence
and safeguard the rights of the minorities. In this context, this piece of paper of intends to throw
some light on various provisions of Indian constitution that are aimed at preventing communal
insurgences, protecting the minority rights and keeping up the social morals of secularism and
brotherhood. This paper also intends to analyse how minorities are being treated in the
Constitution of India.
*Corresponding author:

Copyright ©2017, Vineeth Thomas. This is an open access article distributed under the Creative Commons Attribution License, which permits unrestricted use,
distribution, and reproduction in any medium, provided the original work is properly cited.

Citation: Vineeth Thomas. 2017. “Minority rights in the constitution of India”, International Journal of Development Research, 7, (06), 13445-13449.

INTRODUCTION Democracy is a widely accepted way of political life of nation

It is a well acknowledged fact that India is a land of diversities. states whose legacy dates back to ancient Greek times and
In the words of William J. Duiker, “A land of diversity where each and every citizen of the state has their role and
India was and still is a land of diversity, which is evident in its participation, directly or indirectly, in the day to day to
languages and cultures as well as in its languages and cultures political administration and decision-making process. It is a
as well in its physical characteristics. India possess an form of government whose foundation is strongly laid on the
incredible array of languages. It has a deserved reputation, ideal pillars of justice, liberty, equality and rule of law making
along with the Middle East as the cradle of religion.”1In the it as a universally accepted modus operandi for inclusive
academic circle and international relations, India is crowned as public administration and political system. Therefore, most of
the largest democracy in the world. the Western scholars admired democracy more than any other
form of governance. For instance, Larry Diamond and Gi-
1
William J. Duiker, The Essential World History, Volume 1.(USA : Cengage Wook Shin in their edited book opined that, “democracy is
Learning, 2010),p.30
13446 Vineeth Thomas, Minority rights in the constitution of India

the best form of government or the most preferred political “A group numerically inferior to the rest of the population of a
system.”2 But this does not mean that democracy is the State, in a non- dominant position, whose members being
ultimate one or all-wise. There are many who believed that nationals of the State possess ethnic, religious or
inspite of admiring positive characteristics, democracy is not linguistic characteristic different from those of the rest of the
immune to minus, loopholes and cardinal paradoxes. Keeping population and show, if only implicitly, a sense of solidarity,
this in mind Winston Churchill once said, “'Democracy is the directed towards preserving their culture, traditions, religion
worst form of government except all the other forms that have and language.”7
been tried from time to time.”3 J.S Mill found flaws in the
basic structure and administration of democracy whereby the MINORITY AND MULTICULTURALISM IN INDIA
interests of the minority groups are being sacrificed as
democracy stands for majority rule. J. S. Mill calls this In retort to the continuous claims by the minority people even
phenomena as 'tyranny of majority'4 in the forward and developed first world countries and an in-
depth link between the minorities difficulties and mass human
A government adopting democratic political system is based rights violations throughout the world sparked a new thinking
upon the criteria of majority. This putforward a slew of and deliberations in the academic circles which predominantly
questions to rational and idealist political philosophers and focussed on the politics and culture of minority and majority.
common mass. What about the people and mass who did not This opened the door for the systematic and scientific
vote for the ruling party, who do not belong to the religious examination of a concept called ‘multiculturalism’ in
background of government in rule and whose views and ideas democratic theories. The political scientists started thinking
are in contradiction with the majority in society? This makes scholarly insights and understandings about the existence of
the minority vulnerable to the attacks and atrocities of the minorities in majority society and the importance of special
majority classes. Thus in a democratic country like India it is rights, privileges and concessions to enable the minority to
quite natural and normal that minorities will sense insecurity safeguard their distinct and unique identities of religion, caste,
and panic domination of the majority. In a multifaceted language, culture etc.8
society, therefore, it is obvious that the minorities would
clamour and petition constitutional safeguards for protecting Democracy and minorities are supplementary and
their rights and privileges. It is a widely acknowledged truth complementary in nature as “we cannot have a democracy
that individual liberty and human rights have ample space and without minorities”9 and “where there is no democracy the
recognition in the working atmosphere of democracy. question of minorities as such cannot arise.”10 The
Democracy is “purported to be the political framework in complementary and supplementary character of democracy
which human rights are best safeguarded.”5It has constructed a and minorities act as a litmus test of success of a democracy. A
political system and form of government where the rights and diverse country like India can claim real success of democracy
freedom of citizens are valued more than anything else. The if the minorities sheltering in India enjoy maximum security,
same democracy which is based liberty, justice and equality protection and confidence. Franklin Roosevelt highlights this
also has a supplementary duty of upholding a balance between datum and presages that “no democracy can long survive
the rights and liberty of individual and groups. This pinpoints which does not accept as fundamental to its very existence the
the importance of extending openings to groups to preserve recognition of the rights of minorities.”11
their diverse and unique identities as well as ensuring ample
space to individuals to advance and mature their personalities India is socially, economically and ethnically a mosaic of
and potentialities to its brim. diversity. “Under the traditional caste system, which still plays
a key role in the society and in politics, there are at least, 3000
DEFINING MINORITIES castes and 25000 sub castes in India. The country has 22
officially recognised languages that together constitute a mere
Minorities are generally those sect of people who are less in fraction of more than1500 mother tongues known to exist,33
number and evidently stand distinct and unique from the of which are spoken by more than100,000 people.” 12“There
majority. On accounts of their lesser strength, they tends to are 4635 identifiable communities diverse in biological traits,
become more conscious about their rights and privileges and dress, language, forms of worship, occupation, food habits and
claims for constitutional rights and safeguards for their kinship patterns in India. These communities derive roots from
protection and upliftment. Louis Wirth opined that, “A a mixed ancestry that includes the Proto-Austratoid, Paleo-
minority is a group of people who because of their physical or Mediterranean, Caucasian, Negroid and Mangoloid.”13. It is a
cultural characteristics, are singled out from others in the matter of flaunting to claim diversities in a society but it is not
society in which they live for differential and unequal an easy job balance and maintain unity among these
treatment and who, therefore, regard themselves as objects of diversities.
collective discrimination. Further, minority status carries with
it an exclusion from full participation in the life of the
society”.6 Capotorti defined minority as, 7
Capotorti’s definition about minorities in his article ‘minorities in 1985.
8
Michael Freeman, Human Rights, An Interdisciplinary Approach
(Cambridge: Polity Press, 2003), p. 116.
2 9
Larry Diamond, Gi-Wook Shin,New Challenges for Maturing Democracies in Humayun Kabir, Minorities in a Democracy (Calcutta: Firma K.L.
Korea and Taiwan(Stanford :Stanford University Press,2014) Mukhopadhya, 1968), pp. 6-8.
3 10
Andrew Heywood, Politics ( London :Macmillan, 1997), p.65 Ibid.
4 11
Stefan Collini (ed.), John Stuart Mill; On Liberty and Other Writings Soli J. Sorabjee, "Minorities: National and International Protection", in Iqbal
(Cambridge :Cambridge University Press, 1989), p.8 A. Ansari, (ed.), Readings on Minorities, Perspectives and Documents (New
5
Trenton Fervor, The Myth of American Democracy (USA: iUniverse, 2013), Delhi: Institute of Objective Study), Vol. I, p.l66.
12
p.30. Carolyn M. Byerly,The Palgrave International Handbook of Women and
6
Louis Wirth, "The Problem of Minority Groups" in Ralph Linton (ed.), The Journalism (London: Palgrave, 2016), p.385.
13
Science of Man in the World Crisis (New York: Columbia University Press, See John Dayal, A Matter of Equity: Freedom of Faith in Secular India
1945), P. 347. (New Delhi :Anamika Publishers, 2007), p.l3
13447 International Journal of Development Research, Vol. 07, Issue, 06, pp.13445-13449, June, 2017

The political system of such a country will have the daunting India into a SOVEREIGN SOCIALIST SECULAR
task of addressing conflicts and disagreements emerge out of DEMOCRATIC REPUBLIC….”23 The preamble has
the competing and diagonally opposing interests and authoritatively declare that India is a secular county. When the
aspirations.14 In India, the status and privileges of minorities Constitution of India was passed in 1950, the word secular was
has a unique and distinct connotation as it is “a confederation not there in the preamble. It was through the 42nd amendment
of minorities.”15 The social, cultural, linguistic and cultural of the Indian Constitution, in 1976, the term secular was
pluralism in India created a vicious circle for the peaceful co- inculcated in the preamble. This does not mean that before its
existence of various identities. This also made the minorities addition, the constitutional framers did not want India to be
vulnerable to the dominating whims and wishes of the secular. It is just that in 42nd amendment, secularism was more
majority. The demands and clamouring by the minorities in explicitly proclaimed. Earlier, the secular characteristics of the
India for protection of their rights and identities are a serious country was pronounced implicitly through the Articles from
headache for the Indian democracy. The “loggerhead between 25 to 28, dealing with right to freedom of religion. The
the minorities and majorities in India has a long dated history constitution of India personifies the positive aspect of the term
dating back to several centuries.”16 The chronicles of India’s secularism, ie, “all religions in our country (irrespective of
freedom struggle against the British imperialism and their strength) have the same status and support from the
colonialism has many instances of communal riots whose state.”24This also means that no religion will be treated as
culmination can be seen in the partition of the country, which national or state religion and no special privileges will be
has far reaching consequences on the minority rights.17 given to a particular religion. Every religion will have equal
stature and respect in front of Indian state. In this regard Neera
CONSTITUENT ASSEMBLY ON MINORITY RIGHTS Chandhoke rightly observed: “It is not surprising that
Avowed to set up socio-economic and political set up which secularism in the Indian polity as a response to our conditions
was conducive for the peaceful co-existence of diverse and mode of thought came to be conceptualized as Sarva
identities and communities of the country, the framers of Dharma Sambhava or equality of all religions.”25
Indian constitution was cautious to draft a constitution for the
country that quench the thirst for national unity while Part III of the Indian Constitution
accommodating the individual aspirations and demands of
individual communities. After a lot of debates and discussions, Part III of the Indian Constitution contains the cardinal part of
the constituent assemble finally adopted a constitution which Indian constitution. It is in this part, from article 12-35,
did not offer any special political right to any religious Fundamental Rights are enshrined. In this matter, it was the
minority, except Anglo-Indians.18Keeping up the neutrality Constitution of USA which gave inspiration to the
and impartiality of the state in religious affairs, the country constitutional framers to create detailed and justiciable
was declared secular19 Equality of opportunity and equality fundamental rights. The benefits and privileges guaranteed
before law has been extended to every citizens of the country under fundamental rights are entitled to all the citizens of the
as per the provisions of the Indian constitution.20Indeed the country without any discrimination. The dignity of the
Constitution of India does not offer any distinct and exclusive individual, the equality of society, protection of larger public
rights to minorities barring some rights concerning their interest and safeguard of national unity are ensured by the
language, culture and education.21 This does not mean that the provisions of fundamental rights. Since the rights are
Constituent Assembly and Constitution of India were guaranteed and protected by the constitution, the supreme law
blindfolded to the upliftment process of the socially backward of the country, they are called as fundamental rights. Since
and historically discriminated and deprived sections of the these rights are equal to everyone, minorities too have the
society. It has incorporated various provisions and coverage of it. In this context following are the fundamental
amendments for amelioration of the weaker sections of rights that ensure security and safeguard the rights and
society.22 An inspection of minority rights as detailed in the privileges of minorities of the country.
Constitution divulges that the minorities descend their rights
predominantly from four sources: Article 14 of the Indian Constitution articulates that, “The
State shall not deny to any person equality before the law or
The Preamble of the ‘Indian Constitution’ the equal protection of the laws within the territory of
India.”As per this provision, every citizen of the country will
The preamble of the Indian Constitution begins as, “WE, THE be have equal access and protection of law. No one will be
PEOPLE OF INDIA, having solemnly resolved to constitute seen a bit higher than the other in legal jurisprudence.
Nevertheless Article 15(4) reads, “Nothing in this Article or in
14
clause (2) of Article 29 shall prevent the State from making
Abdul Rahim P. Vijapur, Ajay Kumar Singh and Kumar Suresh, Pluralism, any special provision for the advancement of any socially and
Minorities, National Integration, Problems and Prospects ( New Delhi, South
Asian Publishers, 1997), p.5 educationally backward classes of citizens or for the scheduled
15
Moin Shakir, Politics of Minorities Some Perspectives ( New Delhi :Ajanta castes and the scheduled tribes.” This article gave
Publications, 1980), p.33
16
constitutional authorisation to the government machineries to
Yakov Gilinskiy, Thomas Albert Gilly, Vladimir Sergevnin(eds), The Ethics make any special provisions for the advancement of the
of Terrorism: Innovative Approaches from an International Perspective
(Springfield :Charles C Thomas Publisher, 2009),p.21 backward sections of the society.
17
B. Shiva Rao, The Framing of India's Constitution, A Study (Uttar Pradesh: In the Gopal Singh Committee Report and the Sachar
Universal Law Publishing,1967)p. 77
18
Committee Report the educational and economic
Article 331 and 333 of the Indian Constitution gives special political
representation for Anglo Indian communities.
19 23
Constitution (Forty-Second Amendment) Act, 1976. Preamble, Indian Constitution
20 24
Article 14-18 of the Indian Constitution Rakesh Dwivedi, G.S in 60 Days (New Delhi: Tata McGraw-Hill Education,
21
Articles 29 and 30 of the Indian Constitution 2010), p.3.8.
22 25
Articles 15 (4) (5) and 16 (4) provides special provisions like reservation for Neera Chandhoke, Beyond Secularism, The Rights of Religious Minorities
weaker sections. (New Delhi: Oxford University Press, 1999), p.42.
13448 Vineeth Thomas, Minority rights in the constitution of India

backwardness of the Muslims were underpinned. Various Article 28 of the Indian Constitution tells that, “No religious
states in India like Kerala, Tamil Nadu etc extends the benefits instruction shall be provided in any educational institution
and coverage of reservation to Muslims as well, who belongs wholly maintained out of State funds.”This article ensure that
to the minority section of Indian society. no fully/partially state funded educational institution compel
anyone to follow religious instructions. This will also protect
Article 19 of the Indian Constitution expresses that, “All the minorities from any attempt of the majority religious
citizens shall have the right educational institution to compulsorily follow their religious
instructions.
 To freedom of speech and expression;
 To assemble peaceably and without arms; Article 29 of the Indian Constitution says that, “(1) Any
 To form associations or unions; section of the citizens residing in the territory of India or any
 To move freely throughout the territory of India; part thereof having a distinct language, script or culture of its
 To reside and settle in any part of the territory of India and own shall have the right to conserve the same.(2) No citizen
 To practise any profession, or to carry on any occupation, shall be denied admission into any educational institution
trade or business” maintained by the State or receiving aid out of State funds on
grounds only of religion, race, caste, language or any of them.”
These freedoms are the hallmarks of a successful political This is one of such article which explicitly and exclusively
democracy. They are the linchpin for one’s over all deals about the minorities of the country. These articles
development and peaceful and fruitful existence in a human provide a helping hand for the minorities to defend and
society. For the advancement and progress of minorities, these safeguard their distinct language, culture and script.
freedoms of expression, assembly, union, movement,
profession, settlement etc are quintessential. If these freedoms Article 30 of the Indian Constitution states that, “(1) All
are not constitutionally ensured, the minority rights have the minorities, whether based on religion or language, shall have
chances of getting suppressed by the majority sections of the the right to establish and administer educational institutions of
society. their choice. (2)The State shall not, in granting aid to
educational institutions, discriminate against any educational
Article 25 of the Indian Constitution voices that, “Subject to institution on the ground that it is under the management of a
public order, morality and health and to the other provisions of minority, whether based on religion or language.” This article
this Part, all persons are equally entitled to freedom of gives the right to the minorities to start and manage
conscience and the right freely to profess, practise and educational institution and prevent state from showing
propagate religion.”This right gives the freedom to an discrimination while granting aid to educational institution.
individual to follow, practice and spread religion of individual
choice. State cannot impose or curb any particular religious Directive Principles of State Policy’
convention or tradition. This gives a kind of immunity to
minorities from the attacks of majority religions of the ‘Directive Principles of State Policy’ are those directives and
country. reminders that a state of India should keep in mind while
legislating laws, framing policies and executing the same.
Article 26 of the Indian Constitution states that, “Subject to Articles 36 to 51, deals with the ‘Directive Principles of State
public order, morality and health, every religious policy’. Along with ‘Fundamental Rights’, ‘Directive
denomination or any section thereof shall have the right Principles of State Policy’ formulate the heart and soul of
Indian political system and public administration. In this
 To establish and maintain institutions for religious and regard Granville Austin has termed, “the Directive Principles
and the Fundamental Rights as the Conscience of the
charitable purposes;
Constitution.”
 To manage its own affairs in matters of religion
 To own and acquire movable and immovable property;
Directly or indirectly, Directive Principles of State Policy do
and
have articles and provisions that act as a safety measure for the
 To administer such property in accordance with law.” rights of minorities in India. Some of them are following
These rights protects and guarantee the collective rights of a
 Article 38 states that, “The State shall strive to promote
religion. This will give a safety and protection to the
the welfare of the people by securing and protecting as
communal rights and privileges of minority religions.
effectively as it may a social order in which justice, social,
economic and political, shall inform all the institutions of
Article 27 of the Indian Constitution utters that, “No person
the national life.” Here by reminding state to ensure
shall be compelled to pay any taxes, the proceeds of which are
various dimensions of justice, the rights of minorities are
specifically appropriated in payment of expenses for the
also being secured.
promotion or maintenance of any particular religion or
 Article 39 asks state to ensure free legal assistance and
religious denomination ”This ensures that state is not spending
equal justice of various dimensions. This will give a
the public money for the welfare and upliftment of a particular
warranted support for the rights of the minorities.
religion at the cost of many including minority religions.
 Article 46 appeals State to take necessary measures and
When a government is formed who is having affiliation to
actions that promote with educational and economic
majority religion, chances of minority religions, beings
advancement of the weaker sections of the people.
secluded and sidelined are higher. But the provisions of article
Keeping this in mind, government has introduced many
27 is a block to this kind of biased tendencies.
policies like reservation, scholarships, loans, skill
 13449 International Journal of Development Research, Vol. 07, Issue, 06, pp.13445-13449, June, 2017

development trainings etc for the weaker sections of the  Articles 331, 333, 334, 336 and 337have the special
society including the minorities. provisions of “guaranteeing representation of Anglo-
 Article 49 cautions “state to protect the monuments and Indians in Union and State legislatures through
places and objects of national importance.”This will help nominations if needed, special provision for the
to shield and preserve the historical monuments of the community in certain services, and special provision with
minorities in the country from the risks of spoliation, respect to educational grants for their benefit.”
defacement, demolition, deletion, discarding or export.  Article 350(B) has the provision of appointing a ‘Special
 Article 51 demands state to adhere and follow to Officer for linguistic minorities’ by the President “whose
international treaties and laws. Many of these treaties at duty shall be investigate all matters relating to the
international level, including that of UN, pinpoint towards safeguards provided for linguistic minorities under this
an inclusive, socially just and equal society by respecting Constitution and report to the President upon those
individual liberty. matters.”

Miscellaneous Articles in Indian Constitution Conclusion

The Indian Constitution is a treasure where minorities can find
Apart from the aforesaid provisions and safeguards provided various articles and provisions that safeguard their rights and
in the Preamble, Fundamental Rights and Directive Principles privileges. The Constitution of India is an archetypal instance
of State Policy, there are some other articles scattered in the of accommodating and adjusting various claims of people
Indian Constitution which openly or silently speak about the belonging to multifaceted cultures and identities. In Indian
rights and privileges of minorities in India. Some of them are Constitution, there are many ways through which the
as follows: minorities safeguard their rights. These includes the ideals
enshrined in the ‘preamble’, ‘Fundamental Rights’, ‘Directive
 Article 347 talks about special provision of giving power Principles of State Policy’ and various other articles and
to the President to officially recongnised a language, provisions. Therefore it is crystal clear that, Indian
which is being spoken by the substantial population. This Constitution has significant role and is important source of
can act as a defense for the languages of minority people. guaranteeing the rights and privileges of the minorities in
India.

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