The Supreme Court bench comprising Justices Sanjay Kishan Kaul and Abhay Shreeniwas admitted a petition seeking to declare the National Minority Commission Act, 1992, and the National Minority Commission, 1992 as unconstitutional.

“AG, we have admitted the matter. This can’t be decided at pre-admission stage. Let pleadings, documents, everything be completed. Then we will seek hearing the matter.” the bench told the Attorney General of India (AG).

The petition has been filed by an organisation named Viniyog Parivar Trust. The bench has added the petition with other pending matters which seek the same relief.
In the petitioner’s case, the State is not obligated to promote any language, script, or culture of minority communities, or to enable them to establish and manage their educational institutions.

“Thus, the proactive actions of the state and enacting the National Minorities Commission Act establishing the National Minorities Commission on doling out huge sums to minorities, mainly Muslims has no constitutional mandate and may be termed as unconstitutional.” the petition reads.

It was further highlighted by the petition that utilizing the power granted under Section (2) C of the National Commission of Minorities Act 1992, the central government issued a notification dated January 18, 2005, notifying five communities as minorities, namely Muslims, Christians, Sikhs, Buddhists, and Zoroastrians. Subsequently, the Jain community was also declared as a minority.

“It is clear that though there is no criteria prescribed anywhere for declaring any section of the society as minority, the aforesaid minorities are declared as such based only on one factor which is religion,” the petition added.