Why in the News?

The Centre has again sought time from the Supreme Court to complete consultations on demands to grant minority status to Hindus in states where their numbers have gone below others.

Key Points:

• The Union Minority Affairs Ministry said that the matter has “far-reaching ramifications”, and sought more time for discussions with “state governments and other stakeholders”.
• The court agreed and granted six more weeks to the government.

Background:

• A petition has contended that Judaism, Bahaism, and Hinduism are the real minorities in Ladakh, Mizoram, Lakshadweep, Kashmir, Nagaland, Meghalaya, Arunachal Pradesh, Punjab, and Manipur.
• But, they cannot establish and administer educational institutions of their choice because of the non-identification of ‘minority’ at the State level, thus jeopardising their basic rights guaranteed under Articles 29 and 30.

Supreme Court Observation:

• Minority status is state-dependent: Every person in India can be a minority in one State or the other.
  • A Marathi can be a minority outside his home State e.g., Maharashtra.
  • Similarly, a Kannada-speaking person may be in the minority in States other than Karnataka.
• The minority can claim right under Articles 29 and 30: Court said that a religious or linguistic community which is a minority in a particular State can claim protection and the right to administer and run its own educational institutions under Articles 29 and 30 of the Constitution.

What have the Courts said on the subject?

• TMA PAI case: In this, the Supreme Court had said that for the purposes of Article 30 which deals with the rights of minorities to establish and administer educational institutions, religious and linguistic minorities have to be considered state-wise.
• DAV College v. State of Punjab (1971): The moot question, in this case, was what constituted a religious or linguistic minority, and how it was to be determined. 
  • The Court held that the Arya Samaj, who were Hindus, were a religious minority in the State of Punjab, even though they may not have been so in relation to the entire country.

• DAV College Bhatinda v. State of Punjab (1971): It was stated that “what constitutes a linguistic or religious minority must be judged in relation to the State in as much as the impugned Act was a State Act and not in relation to the whole of India.”

What is the definition of minority under Indian laws?

• The expression “minorities” appears in some Articles of the Constitution but is not defined anywhere.
• Currently, only those communities notified under section 2(c) of the National Minorities Commission (NCM) Act, 1992, by the central government are regarded as a minority.
• The following communities have been notified as minority communities by the Government of India;
  • Sikhs
  • Muslims
  • Christians
  • Zoroastrians
  • Buddhists
  • Jains

What does the Constitution say about minorities?

• Any section of the citizens shall have the right to conserve its distinct language, script, or culture (Article 29). 
• All minorities shall have the right to establish and administer educational institutions of their choice (Article 30). 
• There shall be a Special Officer for linguistic minorities to be appointed by the President. (Article 350 A).

Legislative Powers of Parliament vis-i-vis State Legislature w.r.t. Minority:

• Under the Constitution, both Parliament and State legislatures “have concurrent powers to enact a law to provide for the protection of minorities and their interests”.
• If the view that the states alone have the power to enact a law on the subject of the minority is accepted.
  • Then in such a case, the Parliament will be denuded of its power to enact a law on the said subject, and this would be contrary to the constitutional scheme.