- (1.) THE petitioners have sought to challenge the constitutional validity of the National Commission for Minorities Act, 1992(the Act) on the ground that Parliament lacks legislative competence and that the law infringes the fundamental rights enshrined in Part - III of the Constitution. The petitioners also seek to challenge the legality of the notification issued by the Union Government in exercise of powers conferred by clause (c) of Section 2 of the Act, notifying certain communities "as minority communities" for the purposes of the legislation.
(2.) THE Act was preceded by the setting up of a Minorities Commission in January 1978 for evaluating the safeguards provided in the Constitution for the protection of minorities and to make recommendations for ensuring the implementation of safeguards and legislation. Parliament gave statutory status to the Minorities Commission by the enactment of the legislation in question. The statement of objects and reasons accompanying the introduction of the Bill envisages the following functions for the National Commission for the Minorities: - "The main task of the Commission shall be to evaluate the progress of the development of minorities, monitor the working of the safeguards provided in the Constitution for the protection of the interests of minorities and in laws enacted by the Central Government or State Governments, besides looking into the specific complaints regarding deprivation of rights and safeguards of the minorities. It shall also cause studies, research and analysis to be undertaken on the issues relating to socio -economic and educational development of the minorities and make recommendations for the effective implementation of the safeguards for the protection of interests of minorities by the Central Government or State Governments. It may also suggest appropriate measures in respect of any minority to be undertaken by the Central Government or State Governments. The Bill seeks to achieve the said objects."
(3.) SECTION 2(c) defines the expression 'minority' for the purposes of the Act to mean a community notified as such by the Central Government. At the outset, it would be necessary to notice that the designation of a community as a minority Community is only for the purposes envisaged in the Act. Section 3 provides for the constitution of a National Commission for Minorities Commission. Sections 4 to 8 govern the term of office and conditions of service of the Chairperson and Members, officers and employees, salaries and procedure. Section 9 provides for the functions of the Commission in the following terms: - "9. Functions of the Commission. - (1) The Commission shall perform all or any of the following functions, namely: - (a) evaluate the progress of the development of minorities under the Union and States; (b) monitor the working of the safeguards provided in the Constitution and in laws enacted by Parliament and the State Legislatures; (c) make recommendations for the effective implementation of safeguards for the protection of the interests or minorities by the Central Government or the State Governments; (d) look into specific complaints regarding deprivation of rights and safeguards of the minorities and take up such matters with the appropriate authorities; (e) cause studies to be undertaken into problems arising out of any discrimination against minorities and recommend measures for their removal; (f) conduct studies, research and analysis on the issues relating to socioeconomic and educational development of minorities; (g) suggest appropriate measures in respect of any minority to be undertaken by the Central Government or the State Governments; (h) make periodical or special reports to the Central Government on any matter pertaining to minorities and in particular difficulties confronted by them; and (i)any other matter which may be referred to it by the Central Government." Under sub -section (2) of Section 9, the Central Government has to cause the recommendations of the Commission referred to in clause (c) of sub -section (1) to be laid before each House of Parliament. Where a recommendation is one which relates to a State Government, the Commission has to forward the recommendation to the State Government. In either case, the Central or the State Government, as the case may be, has to present a memorandum explaining the action taken or proposed to be taken on the recommendations and the reasons for non -acceptance of any of the recommendations, if any. Chapter IV of the Act deals with finance, accounts and audit, while Chapter V makes miscellaneous provisions.;