The Supreme Court said that minority status of religious and linguistic communities is “state-dependent”. Every person in India can be a minority in one state or the other, it noted.

Hearing a plea challenging a provision of the National Commission for Minorities (NCM) Act, a bench headed by Justice U.U. Lalit questioned a petitioner for arguing that Hindus are not getting “minority” status in states where they are in the minority. The bench said it would deal with the issue only if a concrete case can be presented before the court. 

The court noted that a religious or linguistic community which is a minority in a particular state can inherently claim protection and the right to administer and run its own educational institutions under Articles 29 and 30 of the Constitution.

Minority communities in India

• Muslims, Sikhs, Christians, Buddhists, Jain and Zoroastrians (Parsis) have been notified as minority communities. 

• As per the Census 2011, the percentage of minorities in the country is about 19.3 per cent of the total population of the country. The population of Muslims are 14.2 per cent, Christians 2.3 per cent, Sikhs 1.7 per cent, Buddhists 0.7 per cent, Jain 0.4 per cent and Parsis 0.006 per cent.

Constitutional safeguards for linguistic minorities

• Under the Constitution of India, certain safeguards have been granted to the religious and linguistic minorities. 

• Article 29 and 30 of the Constitution provides for protecting the interests of minorities and recognising their right to conserve their distinct language, script or culture and to establish and administer educational institutions of their choice. 

• Article 347 makes provision for presidential direction for recognition of any language spoken by a substantial proportion of the population of a State or any part thereof for such purpose as the President may specify. 

• Article 350 gives the right to submit representation for redress of grievances to any authority of the Union or a state in any of the languages used in the Union/states. 

• Article 350A provides for instruction in the mother tongue at the primary stage of education to children belonging to linguistic minority groups. 

• Article 350B provides for a special officer designated as commissioner for linguistic minorities to investigate all matters relating to the safeguards provided for linguistic minorities under the Constitution.

National Commission for Minorities

• In January 1978, the government set up the Minorities Commission to safeguard the interests of minorities.

• With the enactment of the National Commission for Minorities Act, 1992, the Minorities Commission became a statutory body and was renamed as the National Commission for Minorities.

• This Act came into force with effect from May 17, 1993. 

• The Commission consists of a chairperson, a vice chairperson and five members to be nominated by the central government from amongst persons of eminence, ability and integrity. 

• The members, including the chairperson, are required to be from amongst the minority communities.

• In accordance with Section 4(1) of the NCM Act, 1992, each member including the chairperson holds office for a period of three years from the date of assumption of office.

The main functions of the Commission are:

i) Evaluate the progress of the development of minorities under the Union and states.

ii) Monitor the working of the safeguards for minorities provided in the Constitution and in laws enacted by Parliament and the state legislatures.

iii) Make recommendations for the effective implementation of safeguards for protection of the interests of minorities by the central government or state governments.

iv) Look into specific complaints regarding deprivation of rights and safeguards of the minorities and take up such matters with the appropriate authorities.

v) Cause studies to be undertaken into the problems arising out of any discrimination against minorities and recommend measures for their removal.

vi) Conduct studies, research and analysis on the issues relating to socio-economic and educational development of minorities.

vii) Suggest appropriate measures in respect of any minority to be undertaken by the central government or state government.

viii) Make periodical or special reports to the central government on any matter pertaining to minorities and in particular difficulties confronted by them.

ix) Any other matter which may be referred to by the central government.

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