Minorities At District Level : SC View
Source : The Hindu
GS II : Governance, Indian Polity & Constitution
What is discussed under Minorities At District Level : SC View?
- About the Order
- How it helps
Why in News ?
The Supreme Court ruled that to recognise minorities at district level is contrary to law.
Key Facts
- The Court was hearing a petition, claiming that Hindus do not get minority status in States where they are “socially-, economically-, politically non-dominant and numerically inferior”.
- The petition had also sought a declaration from the Court to identify minorities district wise.
- The Supreme Court referred to 11-judge Bench judgment which holds that recognization of minorities should be done at the State level.
- The judge was referring to the majority verdict given by the 11-judge Bench in the T. M. A Pai versus State of Karnataka case in 2002.
- The minority status is to be decided on state basis and the issue could be looked into if it was not being implemented or being violated.
Provision provided for minorities in the constitution
Article 15 (1) & (2)
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- Prohibition of discrimination against citizens on grounds of religion, race, caste, sex or place of birth.
Article 28
- People’s freedom as to attendance at religious instruction or religious worship in educational institutions wholly maintained, recognized, or aided by the State
Article 29
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- No discrimination would be done on the ground of religion, race, caste, language or any of them.
- Any citizen / section of citizens having a distinct language, script or culture have the right to conserve the same.
- It provides that any section of the citizens residing in any part of India having a distinct language, script or culture of its own, shall have the right to conserve the same.
- It grants protection to both religious minorities as well as linguistic minorities.
Article 30
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- All minorities shall have the right to establish and administer educational institutions of their choice.
- The protection under Article 30 is confined only to minorities (religious or linguistic) and does not extend to any section of citizens (as under Article 29).
Articles 331, 333, 334, 336 and 337
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- Have the special provisions of guaranteeing representation of Anglo Indians in Union and State legislatures.
Article 350-B
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- The 7th Constitutional (Amendment) Act 1956 inserted this article which provides for a Special Officer for Linguistic Minorities appointed by the President of India.
- It would be the duty of the Special Officer to investigate all matters relating to the safeguards provided for linguistic minorities under the Constitution.
Important cases related to minority
State of Madras v. Champakam, the question of Article 29(2)
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- It was challenged for the first time.
- The SC held that the classification to the Govt. the order was based on race, religion and caste which were inconsistent to Article 29(2).
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DAV College, Bathinda v. State of Punjab
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- The rights of minority groups to the use of their own languages in schools.
- The university ordered that Punjabi would be the one and only medium of instruction in affiliated colleges.
- The court held that the right provided to minorities under Article 30 guarantees them to establish and administer educational institutions of their own choice.
TMA Pai Foundation case
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- The SC had said that for the purposes of Article 30 that deals with the rights of minorities to establish and administer educational institutions, religious and linguistic minorities have to be considered state-wise.
- This case drew distinction between aided and unaided governmental regulation on private institutions.
How a community notified as minority?
Under Section 2(c) of the National Commission for Minorities Act of 1992 central government has the power to notify a community as a minority.
Notified Minorities in India
- In 1993, the first Statutory National Commission was set up and five religious communities viz. The Muslims, Christians, Sikhs, Buddhists and Zoroastrians (Parsis) were notified as minority communities.
- In 2014, Jains were also notified as a minority community.
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