Powers of National Commission of Minorities – Diligent IAS 02/08/2019 – Posted in: Daily News

THE NATIONAL COMMISSION OF MINORITIES

 

For: Mains

Topics covered: Sub-committee recommendations on NCM, Committee report

 

News Flash

The National Commission of Minorities (NCM) has refused to entertain a plea to declare Hindus a “minority community” in those states where they do not form a majority of the population.

“Only the Centre has the power to declare new groups, says Commission”

 

Sub-committee was formed

The NCM formed a sub-committee of George Kurian, Manjit Singh Rai and Atif Rasheed, to deliberate on the issue.

 

Committee report

  • The NCM has no such jurisdiction to declare minorities.
  • The repository of such powers to declare a community as a minority lies with the Central government.
  • The role of the minorities’ commission was not to declare new minority communities.
  • Its role is to work and ensure the progress and development of minorities and protect their religious, cultural and educational rights.
  • Section 2(c) of the NCM Act itself clearly states that a community is notified as “minority” only by the government.
  • The constitutional goal of minority commissions is to “create social conditions where there remains no necessity to shield or protect the rights of minorities”.

 

Bal Patil vs Union of India, 1999

  • The Supreme Court’s judgment in 1999 in Bal Patil vs Union of India, detailed the function of the NCM.
  • According to the judgment, the minority commissions have to direct their activities “to maintain the unity and integrity of India by eliminating the need for identifying communities as majority and minority”.

 

Background

A petition was filed by an advocate to either frame guidelines for identification of minorities at the State level or use the powers under Section 2(c) of the National Commission of Minorities Act of 1992 to declare Hindus a minority in States where they do not form the majority of the population.

 

National Commission of Minorities

  • The Union Government set up the National Commission for Minorities (NCM) under the National Commission for Minorities Act, 1992.
  • Six religious communities, viz; Muslims, Christians, Sikhs, Buddhists, Zoroastrians (Parsis) and Jains have been notified as minority communities.
  • The functions of the states’ minority Commissions, inter-alia, are to safeguard and protect the interests of minorities provided in the Constitution and laws enacted by Parliament and the State Legislatures.
  • The commission consists of a Chairperson, a Vice-Chairperson and five members to be nominated by the Central Government from amongst persons of eminence, ability, and integrity.

 

Functions of the commission

  • To evaluate the progress of the developmental programs and legal & constitutional safeguards for the welfare of minorities.
  • Look into specific complaints regarding deprivation of the rights of minorities.
  • To undertake studies/research on the issues relating to the socio-economic development of minorities.

 

Source: The Hindu

 

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