The Central Government has been directed by the Delhi High Court to fill all the vacant positions in the National Commission for Minorities (NCM) by September 30, 2021. This order has been issued to ensure the efficient functioning of the commission and to fully realize the objectives as per the National Commission for Minorities Act (NCM), 1992.
Historical Background of NCM
The idea of forming a Minorities Commission (MC) was conceived in 1978 as per a Resolution in the Ministry of Home Affairs. In 1984, the MC got detached from the Ministry of Home Affairs and was placed under the newly formed Ministry of Welfare. However, linguistic minorities were left out from the Commission’s jurisdiction in 1988. The MC was transformed into a statutory body and renamed as NCM with the enactment of the NCM Act, 1992. In 1993, the first Statutory National Commission was established. Five religious communities, namely Muslims, Christians, Sikhs, Buddhists, and Zoroastrians (Parsis), were notified as minority communities. Later in 2014, Jains were also included in the list of minority communities.
Composition and Tenure of NCM
The NCM consists of a Chairperson, a Vice-Chairperson, and five members, all chosen from the minority communities. A total of seven individuals to be nominated by the Central Government should be eminent persons of ability and integrity. Each member serves a tenure of three years from the date of taking charge of their office.
Key Responsibilities and Functions of NCM
The NCM is responsible for overseeing the safeguards for minorities provided in the Constitution and laws enacted by Parliament and state legislatures. It ensures that the Prime Minister’s 15-Point Programme for the Welfare of Minorities and other minority community programs are implemented effectively. The Commission also makes recommendations for improving the safeguards for protecting minority interests by central or state governments, addresses specific complaints regarding deprivation of rights and safeguards of minorities, investigates incidents of communal conflict and riots, and observes the Minorities Rights Day every year on December 18.
Constitutional and Legal Provisions Related to Minorities
The NCM Act defines a minority as “a community notified as such by the Central government.” The Government of India has declared Muslims, Christians, Sikhs, Buddhists, Parsis (Zoroastrian), and Jain as religious minorities in India. The National Commission for Minority Education Institution (NCMEI) Act, 2004, bestows minority status on educational institutions based on six religious communities notified by the government.
A recent report by NCPR highlighted the disproportionate number of minority institutions or dominance of non-minority category in Minority institutions. The term “minority” is not expressly defined in the Indian Constitution, but it recognizes religious and linguistic minorities.
Legal Rights of Minorities within Indian Constitution
Articles 15 and 16 prohibit discrimination against citizens on the grounds of religion, race, caste, sex, or place of birth. Article 25 (1), 26 and 28, provide freedom of conscience and the right to freely profess, practice, and propagate religion, manage religious affairs, and own and acquire property for religious and charitable purposes.
Article 29 gives protection to linguistic and religious minorities by providing them the right to conserve their distinct language, script, or culture. Article 30 grants all minorities the right to establish and administer educational institutions of their choice. Article 350-B appoints a Special Officer for Linguistic Minorities, whose duty is to investigate matters relating to the safeguards provided for linguistic minorities under the Constitution.
The Evolving Role of NCM
Over the years, the NCM has played a significant role in safeguarding the rights and interests of minority communities in India. Through constant scrutiny of constitutional and legislative safeguards, examining complaints, and providing recommendations to the government, the NCM aims to ensure minority welfare. As the composition and functions of the NCM evolve, it becomes essential to fill vacant positions to ensure continuity of its work and effective functioning.
