Open Access Research Article
CONSTITUTIONAL RIGHTS AND CONTEMPORARY CHALLENGES: A MULTI-FACETED ANALYSIS OF ARTICLE 30(1) AND THE MADRASA SYSTEM IN INDIA
Abstract
Abstract
This paper provides a comprehensive,
multi-faceted analysis of the intersection between Article 30(1) of the Indian
Constitution, which guarantees religious and linguistic minorities the right to
establish and administer educational institutions of their choice, and the
allegations that a small number of madrassas are being exploited by extremist
groups. The central argument is that while the vast majority of madrassas serve
a vital socio-educational function for marginalized communities, a confluence of
systemic loopholes, historical context, and political manipulation creates a
fertile ground for exploitation by a few extremist elements. A nuanced policy
response is necessary, one that respects the fundamental constitutional right
while simultaneously mandating greater accountability and transparency. The
investigation reveals a fundamental, and often exploited, tension between the
constitutional right of minorities to “administer” their educational
institutions and the state’s legitimate interest in ensuring quality education
and public safety.
A primary vulnerability is the
challenge of unregulated funding. The reliance of thousands of unrecognized
madrassas on private, and often foreign, funding creates an opaque financial
system. This opacity is a significant systemic loophole, confirmed by investigations
in Uttar Pradesh and elsewhere, which makes it difficult to trace the flow of
money and can be exploited for purposes beyond education. The lack of state
oversight extends beyond finances to include a lack of standardized curriculum
and a lack of transparency in teacher recruitment. This combines with the
socio-economic vulnerability of students, many of whom are from poor and
marginalized backgrounds, to create an environment susceptible to ideological
manipulation. The debate surrounding madrassas is also highly political, with
various actors, including the state, religious clerics, and political groups,
using the issue to advance their own agendas, often sidelining genuine
educational and socio-economic needs.
Author Details
Authors: INDRAKSHI SAHA
Registration ID: 1013144 | Published Paper ID: IJLRA13144
Year: Sep-2026 | Volume: 3 | Issue: 6
Approved ISSN: 2582-6433 | Country: Delhi, India
Page No.: 638-663
Article Information
CONSTITUTIONAL RIGHTS AND CONTEMPORARY CHALLENGES: A MULTI-FACETED ANALYSIS OF ARTICLE 30(1) AND THE MADRASA SYSTEM IN INDIA
Authors: INDRAKSHI SAHA
- Journal IJLRA
- ISSN 2582-6433
- Volume 3
- Issue 6
About Journal
International Journal for Legal Research and Analysis
- AbbreviationIJLRA
- ISSN2582-6433
- AccessOpen Access
- LicenseCC 4.0
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