Recently, the Supreme Court solicited the Central government’s reaction to a Public Interest Litigation (PIL) that contests provisions of the National Commission for Minority Education Institution (NCMEI) Act, 2004. This litigation sheds a spotlight on the identification of minority communities and their constitutional rights.
The Petitioner’s Argument: Problem with Identifying Minorities at the National Level
The crux of the petitioner’s argument lies in the fact that the current NCMEI Act identifies minorities on a national scale rather than a State level. This system arguably deprives certain minorities in individual states of their rightful Constitutional privileges.
The Centre’s notification, under section 2(f) of the NCMEI Act, labels Muslims, Christians, Sikhs, Buddhists, Parsis and Jains as national minorities. This is in opposition to the judgement passed in the TMA Pai Foundation case in 2002, which calls for the recognition of religious and linguistic minorities at the ‘State’ level.
Certain religious groups labelled as minorities at the national level actually constitute a substantial population in many states. For instance, Muslims make up the majority in both Lakshadweep (96.58%) and Kashmir (96%), while Christians are the main demographic in Nagaland (88.10%), Mizoram (87.16%) and Meghalaya (74.59%).
TMA Pai Foundation Case Verdict and Its Implications
In the verdict of the TMA Pai Foundation case, the Supreme Court ruled that the state governments have the authority to regulate minority educational institutions. The judicial body also declared the ‘State’ to be the unit for identifying religious and linguistic minorities.
This decision highlights a contradiction in the current system, where those belonging to religions identified as minorities at the national level —but which form the majority in certain states— are unjustly reaping the benefits of schemes intended for minority communities.
Identification of Minorities at State Level
Regions like Ladakh, Mizoram, Lakshadweep, Kashmir, Nagaland, Meghalaya, Arunachal Pradesh, Punjab, and Manipur all have substantial populations of Hindu, Jewish, and Bahá’í adherents. However, these groups typically can’t establish and manage their educational institutions due to a lack of ‘minority’ identification at the state level. This puts their basic rights as guaranteed under Articles 29 and 30 at risk.
Constitutional and Legal Provisions Related to Minorities: A Brief Overview
While the term ‘minority’ is not explicitly defined in the Indian Constitution, it does acknowledge religious and linguistic minorities. Multiple articles, including Article 29, Article 30 and Article 350-B, provide protection for these communities, and outline their rights including the right to conserve their distinct language, culture, and the right to establish and administer educational institutions.
National Commission for Minority Education Institution (NCMEI) Act, 2004
Finally, the NCMEI Act, 2004 gives minority status to educational institutions based on six religious communities recognized by the government: Muslims, Christians, Sikhs, Buddhists, Zoroastrians (Parsis) and Jains.
The petitioner seeks changes that include voiding Section 2(f) of the NCMEI Act 2004 for being arbitrary, irrational and in violation of the Constitution. They also demand the Centre establishes guidelines for identifying minorities at the state level.