National Commission for Minorities

Constitutional rights and safeguards provided to the minorities in India

Though the Constitution of India does not define the word ‘Minority’ and only refers to ‘Minorities’ and speaks of those ‘based on religion or language’, the rights of the minorities have been spelt out in the Constitution in detail.

The Constitution provides two sets of rights of minorities which can be placed in ‘common domain’ and ‘separate domain’. The rights which fall in the ‘common domain’ are those which are applicable to all the citizens of our country. The rights which fall in the ‘separate domain’ are those which are applicable to the minorities only and these are reserved to protect their identity. The distinction between ‘common domain’ and ‘separate domain’ and their combination have been well kept and protected in the Constitution. The Preamble to the Constitution declares the State to be ‘Secular’ and this is a special relevance for the Religious Minorities. Equally relevant for them, especially, is the declaration of the Constitution in its Preamble that all citizens of India are to be secured ‘liberty of thought, expression, belief, faith and worship and ‘equality of status and of opportunity.’

‘Separate Domain’ of Minority Rights

The Minority Rights provided in the Constitution which fall in the category of ‘Separate Domain’ are as under:-

1. right of ‘any section of the citizens’ to ‘conserve’ its ‘distinct language, script or culture’; [Article 29(1)]

2. restriction on denial of admission to any citizen, to any educational institution maintained or aided by the State, ‘on grounds only of religion, race, caste, language or any of them’; [Article 29(2)]

3. right of all Religious and Linguistic Minorities to establish and administer educational institutions of their choice;[Article 30(1)]

4. freedom of Minority-managed educational institutions from discrimination in the matter of receiving aid from the State;[Article30(2)]

5. special provision relating to the language spoken by a section of the population of any State;[Article 347]

6. provision for facilities for instruction in mother-tongue at primary stage;[Article 350 A]

7. provision for a Special Officer for Linguistic Minorities and his duties; and [Article 350 B]

8. Sikh community’s right of ‘wearing and carrying of kirpans; [Explanation 1 below Article 25]

Minorities Commission

The setting up of Minorities Commission was envisaged in the Ministry of Home Affairs Resolution dated 12.01.1978 which specifically mentioned that, "despite the safeguards provided in the Constitution and the laws in force, there persists among the Minorities a feeling of inequality and discrimination. In order to preserve secular traditions and to promote National Integration the Government of India attaches the highest importance to the enforcement of the safeguards provided for the Minorities and is of the firm view that effective institutional arrangements are urgently required for the enforcement and implementation of all the safeguards provided for the Minorities in the Constitution, in the Central and State Laws and in the government policies and administrative schemes enunciated from time to time. Some time in 1984 the Minorities Commission was detached from Ministry of Home Affairs and placed under the newly created Ministry of Welfare.

National Commission for Minorities

With the enactment of the National Commission for Minorities Act, 1992, the Minorities Commission became a statutory body and renamed as National Commission for Minorities.

The first Statutory National Commission was set up on 17th May 1993. Vide a Gazette notification issued on 23rd October 1993 by Ministry of Welfare, Government of India, five religious communities viz; the Muslims, Christians, Sikhs, Buddhists and Zoroastrians (Parsis) were notified as minority communities. As per the 2001 Census, these five religious minority communities constitute 18.42% of the country’s population.

Functions of NCM

As per Section 9(1) of the NCM At, 1992, the Commission is required to perform following functions:-

(a) evaluation of the progress of the development of minorities under the Union and States;

(b) monitoring of the working of the safeguards for minorities provided in the Constitution and in laws enacted by Parliament and the State Legislatures;

(c) making recommendations for the effective implementation of safeguards for the protection of the interests of minorities by the Central Government or the State Governments;

(d) looking into specific complaints regarding deprivation of rights and safeguards of minorities and taking up such matters with the appropriate authorities;

(e) getting studies to be undertaken into the problems arising out of any discrimination against minorities and recommending measures for their removal;

(f) conducting studies, research and analysis on the issues relating to socio-economic and educational development of minorities;

(g) suggesting appropriate measures in respect of any minority to be undertaken by the Central Government or the State Governments;

(h) making periodical or special reports to the Central Government or any matter pertaining to minorities and in particular the difficulties confronted by them; and

(i) any other matter, which may be referred to it by the Central Government.

Section 2 (c) of NCM Act, 1992 stipulates that ‘Minority’ for the purposes of the Act, means a community notified as such by the Central Government. Therefore, all the functions of the Commission as laid down in Section 9(1) of the Act are related to the five notified communities.

COMPOSITION

The Commission shall consist of a Chairperson, [a Vice Chairperson and five] Members to be nominated by the Central Government from amongst persons of eminence, ability and integrity; Provided that five Members including the Chairperson shall be from amongst the Minority communities.

Term of office & conditions of service of Chairperson & Members.-

1. The Chairperson and every Member shall hold office for a term of three years from the date he assumes office.

2. The Chairperson or a Member may, by writing under his hand addressed to the Central Government, resign from the office of Chairperson or, as the case may be, of the Member at any time.

3. The Central Government shall remove a person from the office of Chairperson or a Member referred to in sub-section (2) if that person -

1. becomes an undischarged insolvent.

2. is convicted and sentenced to imprisonment for an offence which in the opinion of the Central Government involves moral turpitude.

3. becomes of unsound mind and stands so declared by a competent court.

4. refuses to act or becomes incapable of acting.

5. is, without obtaining leave of absence from the Commission, absent from three consecutive meetings of the Commission.

6. has, in the opinion of the Central Government, so abused the position of Chairperson, or Member, as to render that person’s continuance in office detrimental to the interests of Minorities or the public interest: Provided that no person shall be removed under this clause until that person has been given a reasonable opportunity of being heard in the matter.

4. A vacancy caused under sub-section (2) or otherwise shall be filled by fresh nomination.

5. The salaries and allowances payable to, and the other terms and conditions of service of, the Chairperson and Members shall be such as may be prescribed.

FUNCTIONS OF THE COMMISSION

1. The Commission shall perform all or any of the following functions, namely:-

1. evaluate the progress of the development of Minorities under the Union and States.

2. monitor the working of the safeguards provided in the Constitution and in laws enacted by Parliament and the State Legislatures.

3. make recommendations for the effective implementation of safeguards for the protection of the interests of Minorities by the Central Government or the State Governments.

4. look into specific complaints regarding deprivation of rights and safeguards of the Minorities and take up such matters with the appropriate authorities.

5. cause studies to be undertaken into problems arising out of any discrimination against Minorities and recommend measures for their removal.

6. conduct studies, research and analysis on the issues relating to socio-economic and educational development of Minorities.

7. suggest appropriate measures in respect of any Minority to be undertaken by the Central Government or the State Governments.

8. make periodical or special reports to the Central Government on any matter pertaining to Minorities and in particular the difficulties confronted by them.

9. any other matter which may be referred to it by the Central Government.

2. The Central Government shall cause the recommendations referred to in clause (c) of sub-section (1) to be laid before each House of Parliament along with a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the Union and the reasons for the non-acceptance, if any, of any of such recommendations.

3. Where any recommendation referred to in clause (c) of sub-section (1) or any part thereof is such with which any State Government is concerned, the Commission shall forward a copy of such recommendation or part to such State Government who shall cause it to be laid before the Legislature of the State along with a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the State and the reasons for the non-acceptance, if any, of any of such recommendation or part.

4. The Commission shall, while performing any of the functions mentioned in sub-clauses (a), (b) and (d) of sub-section (1), have all the powers of a civil court trying a suit and, in particular, in respect of the following matters, namely:-

1. summoning and enforcing the attendance of any person from any part of India and examining him on oath.

2. requiring the discovery and production of any document.

3. receiving evidence of affidavits.

4. requisitioning any public record or copy thereof from any court or office.

5. issuing commissions for the examination of witnesses and documents; and

6. any other matter which may be prescribed.