Does Not Have The Power To Define 'Minority Community', Says National Commission for Minorities [Read Report]

In response to a Supreme Court direction to take a decision on a representation for redefining the definition of 'minority' based on state-wise population, the National Commission of Minorities has said that it does not have the power to identify any community as minority.

The SC has passed the order on February 11 in a petition filed by BJP leader and advocate Ashwini Upadhyay seeking a direction for declaring Hindus as minority community in states where they are not in majority.

To study the issue, a sub committee was formed by the NCM comprising George Cherian, Manjit Singh Rai and Atif Rasheed.

After deliberations in five meetings, the sub committee expressed the view that the NCM does not have the jurisdiction to decide the reliefs sought by Upadhyaya.

"The repository of powers to declare a community as 'a minority community' is vested with the Central Government. The said powers vested with the Central Government cannot be usurped with the National Commission for Minorities. Moreover, the definition of 'minority' in the relevant Act which is Section 2(c) of the National Commission for Minorities Act 1992 clearly states that a community is listed as 'Minority' as notified as such as by the Central Government", said the report submitted the NCM to the Government.

The report has also referred to the 1999 judgment of the Supreme Court in Bal Patil v Union of India which stated that it is not the function of the NCM to define minorities. The apex court had also directed the Commission to desist from entertaining such claims from different communities and to instead work towards proposing ways to create such social conditions that would lead to doing away with the majority-minority divide.

"The honourable Supreme Court has directed the National Commission for Minorities to desist from taking any decision for notifying a community as minority community. Therefore, the NCM is not able to take a decision about the prayers made by the Petitioner.", concluded the report.

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