Article 29

Background and evolution

India's diversity of languages, scripts and cultures is enormous. The Constituent Assembly's Advisory Committee on Fundamental Rights, Minorities and Tribal and Excluded Areas, chaired by Vallabhbhai Patel, recommended cultural and educational rights to reassure communities that their identity would be protected in an independent India. These became Articles 29 and 30.

Although the heading of Article 29 refers to "Protection of interests of minorities", clause (1) is broader: it applies to "any section of the citizens" with a distinct language, script or culture. The Supreme Court has held that this right extends to the majority as well, wherever a section has a distinct culture. Clause (2) protects individual citizens from discrimination in admission to educational institutions run or aided by the State.

Key features and provisions

• 29(1): any section of the citizens residing in India or any part of it having a distinct language, script or culture of its own shall have the right to conserve the same.
• 29(2): no citizen shall be denied admission into any educational institution maintained by the State or receiving aid out of State funds on grounds only of religion, race, caste, language or any of them.
• Absolute right to conserve: unlike many rights, clause (1) is not subject to reasonable restrictions in its text, though courts have balanced it with other provisions.
• Conserving includes agitation: in Jagdev Singh Sidhanti (1965), the Court held that the right to conserve a language includes the right to agitate for its protection, including by political means.
• Individual right in 29(2): belongs to every citizen, whether of a majority or minority group.