nation of individuals and more than a union of states india in addition is an association of communities between the individual on the one hand and the state on the other the indian constitution seems to recognize an intermediate category a community thus one clause in article 14 which assures the right to equality permits the state to make special provision ie a provision that may go against equality for the advancement of any socially and educationally backward classes of citizens or for the scheduled castes and the scheduled tribes another clause in this article says nothing in this article shall prevent the state from making any special provision for women and children article 29 which speaks of cultural and educational rights states that any section of the citizens residing in any part of india having a distinct language script or culture of its own shall have the right to conserve the same emphasis added the article that follows article 30 says all minorities whether based on religion or language shall have the right to establish and administer educational institutions of their choice the right seems to belong not to individuals in minority groups but to a minority as a class or community or section thus women children religious minorities linguistic minorities culturally distinct sections socially and economically deprived classes the former untouchables and the tribal communities are all recognized as different groups or sections with each of which the state may deal in a special and possibly unequal way all this is explicitly stated let us remember in the chapter in the constitution on fundamental rights one group or section or community or subnationality not explicitly referred to in this article is the religious majority ie the hindus this has allowed some to suggest that the constitution ignores hindus or discriminates against them however this claim runs into a reality check in article 25 which spells out the right to freedom of religion the promise in this article that all persons are equally entitled to freedom of conscience and the right freely to profess practise and propagate religion is immediately qualified as follows 2 nothing in this article shall affect the operation of any existing law or prevent the state from making any law providing for social welfare and reform or the throwing open of hindu religious institutions of a public character to all classes and sections of hindus an explanation that follows immediately clarifies that the reference to hindus shall be construed as including a reference to persons professing the sikh jaina or buddhist religion in practice this clause in article 25 has thus far been interpreted by indian courts to mean that affirmative action by the state can be extended to socially backward groups provided they are hindu or buddhist jain or sikh but not if they are christian or muslim or so it would appear zoroastrian or jewish this clause in article 25 and its interpretation by the courts have thus produced a notion