Getting govt. aid not a fundamental right: SC
5th Oct, 2021
Supreme Court (SC) in its judgement ruled that government aid to an institution is a matter of policy and it is not a fundamental right.
- The judgment came in an appeal filed by Uttar Pradesh against a decision of the Allahabad High Court to declare a provision of the Intermediate Education Act of 1921 unconstitutional.
- The right to an institution, whether owned by a majority or a small community, to receive government assistance is not a fundamental right. Both parties are required to adhere to the terms and conditions of assistance.
- The SC has clarified that if the government made a policy call to withdraw aid, an institution cannot question the decision as a “matter of right”.
- Government assistance is a policy decision. It depends on a variety of factors including the interests of the institution itself and the ability of the government to understand this function.
- Lack of funding and lack of funding are factors that are considered appropriate in making any decision while providing assistance, including both the decision to provide assistance and the method of disbursement.
- The bench also said that the decision taken as a policy was considered in the best interests of the public, and that once it was taken, it could not be challenged, unless, in the event of extreme violence, the Constitutional Court was expected to open its hands.
Basis of judgement on withdrawal of aid
- The social grant comes with conditions.
- The institution is free to choose to accept conditional grants or to go its own way.
- 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 of the Constitution of India (dealing with rights of minorities to establish and administer educational institutions) is subject to its own restrictions being reasonable.
- 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.