HC rules against quota in minority institutions

  • October 3, 2023
  • Posted by: OptimizeIAS Team
  • Category: DPN Topics
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HC rules against quota in minority institutions

Subject :Polity

Section: Constitution

Context: Madras High Court Rules SC/ST/OBC Reservation Doesn’t Apply To Religious, Linguistic Minority Educational Institutes

More about the news:

  • The Madras High Court while hearing a case filed by Justice Basheer Ahmed Sayeed College for Women in Chennai has ruled that educational institutions run by religious and linguistic minorities are not obligated to follow reservation rules for Scheduled Castes, Scheduled Tribes, and Other Backward Class students.
  • It emphasized that the government cannot compel these institutions to provide reservations.
  • While upholding the right of the state government to limit admission of minority students to 50% of the sanctioned intake, the court clarified that those admitted on merit should not be considered part of the 50% quota.
  • The court also stated that minority status should continue until cancelled by the National Commission for Minority Educational Institutions.

What is National Commission for Minority Educational Institutions (NCMEI) :

  • National Commission for Minority Educational Institutions (NCMEI) was established to protect and safeguard the educational institutions which are established by the religious minorities in India.
  •  It is a statutory body established by National Commission for Minority Educational Institutions Act (NCMEI Act), 2004.
  • The Commission is a quasi judicial body and has been endowed with the powers of a Civil Court for the purpose of discharging its functions under the Act.
  • This also ensure rights of religious minorities to establish and administer educational institutions of their choice as provided in the Article 30 of the Constitution of India. Linguistic Minorities do not come under the ambit of the NCMEI Act, 2004
  • The commission is headed by a chairman who belongs to a religious minority community and has been a Judge of a High Court. Three members are nominated by the Central Government.
  • The commission has three main roles namely adjudicatory, advisory and recommendatory.

What is the National Commission for Minorities:

  • The National Commission for Minorities (NCM) is an autonomous body established by the Indian government in 1992 under the National Commission for Minorities Act, 1992.
  • The setting up of the Commission was envisaged in the Ministry of Home Affairs Resolution of 1978 for the enforcement and implementation of all the safeguards provided for the Minorities in the Constitution.
  • It is responsible for advising the central and state governments on matters related to the welfare and development of minority communities in India.

What is the Composition of National Commission for Minorities{

  • NCM consists of a Chairperson, a Vice-Chairperson and five members and all of them shall be from amongst the minority communities.
  • Total of 7 persons to be nominated by the Central Government should be from amongst persons of eminence, ability and integrity.
  • Each Member holds office for a period of three years from the date of assumption of office.

How is a community notified as a minority:

  • Under Section 2(c) of the National Commission for Minorities Act of 1992 the central government has the power to notify a community as a minority.
  • In 1993, the first Statutory National Commission was set up and five religious communities viz. The Muslims, Christians, Sikhs, Buddhists and Zoroastrians (Parsis) were notified as minority communities.
  • In 2014, Jains were also notified as a minority community

Constitutional provisions related to minorities:

  • Article 29
    • It provides 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.
    • It grants protection to both religious minorities as well as linguistic minorities
  • Article 30:
    • All minorities shall have the right to establish and administer educational institutions of their choice.
    • The protection under Article 30 is confined only to minorities (religious or linguistic) and does not extend to any section of citizens (as under Article 29).
  • Article 350-B:
    • The 7th Constitutional (Amendment) Act 1956 inserted this article which provides for a Special Officer for Linguistic Minorities appointed by the President of India.
    • It would be the duty of the Special Officer to investigate all matters relating to the safeguards provided for linguistic minorities under the Constitution.

Judgements related to determination on minority status:

  • TMA Pai Case:
    • The SC had said that for the purposes of Article 30 that deals with the rights of minorities to establish and administer educational institutions, religious and linguistic minorities have to be considered state-wise.
  • Bal Patil Case:
    • In 2005, the SC in its judgment in ‘Bal Patil’ referred to the TMA Pai ruling.
    • The legal position clarifies that henceforth the unit for determining status of both linguistic and religious minorities would be ‘state’.
HC rules against quota in minority institutions Polity