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Highlight
- Center informs SC that the power to inform minorities rests with the central government
- Court asks Union of India to keep its stand on record on petition filed by advocate Ashwini Kumar
- Apex court posts matter for hearing tomorrow
The Center on Monday informed the Supreme Court that the power to notify minorities rests with the central government and any decision in this regard would be taken after discussions with states and other stakeholders.
The top court had earlier given four weeks to the Center to respond to a plea seeking a direction to frame guidelines for identification of minorities at the state level, stating that Hindus in 10 states are minorities.
In an affidavit filed in response to a petition filed by advocate Ashwini Kumar Upadhyay, the Ministry of Minority Affairs said that the central government has notified six communities as minority communities under Section 2C of the National Commission for Minority Communities Act, 1992. has done.
“It is submitted that the question included in the writ petition has far-reaching implications for the entire country and therefore any move without detailed deliberations with the stakeholders may result in an unforeseen complication for the country.”
“While the power is vested with the Central Government to notify the minorities, the stand to be taken by the Central Government in respect of the issues raised in this set of petitions shall be finalized after extensive consultation with the State Governments and other stakeholders. Will go.”
The ministry said that this will ensure that the central government is able to place a well thought-out approach before the apex court, taking into account several social, logistical and other aspects, avoiding any unforeseen complications in future relating to such an important issue. Is.
The top court has posted the matter for hearing on May 10 and asked the Union of India to record its stand on a petition filed by advocate Ashwini Kumar Upadhyay.
The Ministry of Minority Affairs had earlier told the top court that state governments can declare any religious or linguistic community, including Hindus, as a minority within that state.
The ministry had also submitted whether the followers of Hinduism, Judaism and Bahaism can establish and administer educational institutions of their choice in the said states and on matters relating to their identity as a minority within the state at the state level. can be considered.
Upadhyay had challenged the validity of Section 2(f) of the National Commission on Minority Educational Institutions Act, 2004, alleging that it gives unbridled power to the Center and termed it as “clearly arbitrary, irrational and defamatory”.
Section 2(f) of the Act empowers the Center to identify and notify minority communities in India.
The petition, filed through advocate Ashwini Kumar Dubey, contends that denial of benefits to “genuine” minorities and “arbitrary and unfair” disbursements under the schemes are violative of their fundamental right to an absolute majority.
“In the alternative, direct and declare that the followers of Judaism, Bahaism and Hinduism, who are minorities in Ladakh, Mizoram, Lakshadweep, Kashmir, Nagaland, Meghalaya, Arunachal Pradesh, Punjab and Manipur, may establish and administer their educational institutions. Elections in the spirit of TMA pie ruling,” the petition said.
In the TMA Pai Foundation case, the top court had held that the state is within its rights to introduce a regulatory regime in the national interest to provide minority educational institutions with qualified teachers to excel in education.
Referring to Article 30 of the Constitution, it has been said in the petition that on the basis of religion or language, minorities will have the right to establish and administer educational institutions of their choice.
The petition said that denial of minority rights to genuine religious and linguistic minorities is a violation of the rights of minorities enshrined under Articles 14 and 21. Constitution.
The top court had earlier allowed a petition seeking transfer of cases from several high courts against the Centre’s notification declaring five communities – Muslims, Christians, Sikhs, Buddhists and Parsis – as minorities and referred the matter to the main petition. Tagged with. ,
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