• UGI USER
  • Jan 15, 2024
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LAST OPPORTUNITY TO SUBMIT DISTRICT-LEVEL RESPONSE ON IDENTIFICATION OF MINORITIES: SUPREME COURT TO STATES

Why in the news?

  • The Supreme Court granted a final opportunity to states and Union Territories to respond to a plea seeking the identification of minorities at the district level.
  • The bench, displeased with some states’ failure to submit responses, allowed an additional six weeks, threatening a fine of Rs 10,000 on defaulters and adjourned the hearing until April. The Centre was also directed to file a fresh status report.

Definition of Minority at the Center of the Petition:

  • The petitioners sought a directive for the Centre to define the term “minority,” pointing out the absence of a clear definition in the Constitution and the National Minorities Commission Act, 1992.
  • The challenge included Section 2(c) of the National Commission for Minorities Act, 1992, questioning the Centre’s authority to notify minorities without a clear definition.

District-level Identification and TMA Pai Foundation Case:

  • One petitioner requested the identification of minorities at the district level.
  • Referring to the TMA Pai Foundation case, the petitioners argued that for the purposes of Article 30, recognizing minority rights in educational institutions, religious and linguistic minorities must be identified at the state level.

Validity of 1993 Notification Questioned:

  • Petitioners questioned the validity of the October 23, 1993, notification by the Centre, which classified Muslims, Christians, Sikhs, Buddhists, and Parsis as “minority” communities, asserting that the TMA Pai judgment made it essentially invalid.

Center’s Affidavits and Consultations:

  • The Centre, through affidavits in May 2022 and January 2024, stated its power to notify minorities and sought time for consultations with state governments and stakeholders due to the issue’s “far-reaching ramifications.”
  • In January, the Centre informed that 24 states and six UTs had submitted their views, requesting additional time for discussions.