The Delhi High Court has recently instructed the Centre to fill up vacant posts, including that of the chairperson and five other members, at the National Commission for Minorities (NCM) by 31st July 2021.
Origins and History of the NCM
The concept of a Minorities Commission (MC) was first proposed in 1978 under the Ministry of Home Affairs Resolution. In 1984, it separated from the Ministry of Home Affairs and was placed under the newly created Ministry of Welfare. This transition excluded linguistic minorities from the MC’s jurisdiction in 1988. In 1992, the Congress passed the NCM Act, which converted the MC into a statutory body known as the NCM. The first statutory national commission was set up in 1993, where five religious communities – Muslims, Christians, Sikhs, Buddhists and Zoroastrians (Parsis) – received notifications as minority communities. The Jain community was added to this list in 2014.
Composition and Tenure of NCM
The NCM comprises of a Chairperson, a Vice-Chairperson, and five members who belong to the minority communities. Central Government nominates a total of 7 people from individuals with eminence, ability, and integrity. Each member serves a tenure of three years from the date they assume office.
Duties and Functions of NCM
The NCM has several core responsibilities revolving around the welfare of minorities. This includes the evaluation of minorities’ progress under the Union and States, monitoring safeguards provided by the Constitution and laws enacted by Parliament and state legislatures, among others. The Commission investigates matters of communal conflict and riots, such as the 2011 Bharatpur communal riots and the 2012 Bodo-Muslim clashes in Assam. It also observes Minorities Rights Day yearly on December 18.
Legal Provisions Concerning Minorities
The NCM Act defines a minority as “a community notified as such by the Central government.’ The Government of India recognizes six religions – Muslims, Christians, Sikhs, Buddhists, Parsis (Zoroastrian), and Jain – as religious minorities.
National Commission for Minority Education Institution (NCMEI) Act, 2004
The NCMEI Act, 2004, grants minority status to educational institutions based on the six notified religious communities. The term “minority” is undefined in the Indian Constitution, which recognizes religious and linguistic minorities instead. It offers various protections and rights to these minorities through Articles 15, 16, 25(1), 26, 28, 29, 30, and 350-B.
Constitutional Safeguards for Minorities
The Indian Constitution provides several safeguards to protect the rights of minority communities. Individuals have the freedom of conscience and the right to practice their religion freely. They can establish and maintain institutions for religious and charitable purposes, manage its own religious affairs, and own and acquire property and administer it. All minorities have the right to establish and manage educational institutions of their choice. The 7th Constitutional (Amendment) Act of 1956 inserted an article providing for a Special Officer for Linguistic Minorities appointed by the President of India, whose duty would be to investigate matters related to the safeguards provided to linguistic minorities under the Constitution.
