On the question of notifying minorities

On the question of notifying minorities

Subject: Polity

Section: Constitution

Context: A public interest litigation (PIL) under the consideration of the Supreme Court of India challenges the power of the Centre to notify minority communities at a national level.

What does the PIL argue?

• The petitioner argues that the Centre’s decision was arbitrary since the SC had held, in the T. M. A. Pai Foundation vs State Of Karnataka case of 2002 that, “for the purpose of determining minority, the unit will be State and not whole India.”
• The petition seeks the SC to curtail the Centre’s power to notify national minorities or direct the Centre to notify followers of Hinduism, Bahaism and Judaism as minorities in States/UTs where they are actually fewer in numbers; or direct that only those communities that are “socially, economically and politically non-dominant” besides being numerically smaller in States/UTs be allowed the status of minorities.

Centre response:

• Centre has reiterated its power to notify communities as minorities under Central Acts.
• Centre had pointed out that it had concurrent powers with States to take measures for the welfare of minorities. States could have minorities notified as such within their jurisdiction.

Point of debate:

The PIL specifically questions the validity of Section 2(f ) of the National Commission for Minority Educational Institutions or NCMEI

Act 2004, terming it arbitrary and contrary to Articles 14, 15, 21, 29 and 30 of the Constitution Section 2(f ) says “minority,”for the purpose of this Act, means a community notified as such by the Central Government.” Section 2(c) of the of National Commission for Minorities (NCM) Act, 1992 also gives the Centre similar powers. Six communities are currently notified as minority communities at the national level — Muslims, Christians, Sikhs, Buddhists, Parsis and Jains.

More about Minorities: https://optimizeias.com/minorities/