9911796707
|
Home
Issues Involved:
1. Notification of 'Jains' as a 'minority' community under Section 2(c) of the National Commission for Minorities Act, 1992. 2. Interpretation of the term 'minority' in the context of Article 30 of the Constitution of India. 3. Role and responsibilities of the Central Government and State Governments in notifying minority communities. 4. Historical and constitutional context of minority rights in India. Issue-wise Detailed Analysis: 1. Notification of 'Jains' as a 'minority' community under Section 2(c) of the National Commission for Minorities Act, 1992: The appellant, representing a section of the Jain community, sought a mandamus from the High Court of Bombay to direct the Central Government to notify 'Jains' as a 'minority' community under Section 2(c) of the National Commission for Minorities Act, 1992. The High Court dismissed the petition, citing the pending decision in the TMA Pai Foundation case, which was expected to address the broader issue of minority status. 2. Interpretation of the term 'minority' in the context of Article 30 of the Constitution of India: The Supreme Court, referencing the TMA Pai Foundation case, clarified that "linguistic and religious minorities are covered by the expression 'minority' under Article 30 of the Constitution." The Court emphasized that the unit for determining minority status is the State, not the whole of India, due to the linguistic reorganization of states. 3. Role and responsibilities of the Central Government and State Governments in notifying minority communities: Post the TMA Pai Foundation judgment, the Central Government's stance, as articulated in the affidavit, was that it is the responsibility of the State Governments to decide the minority status of the Jain community based on their conditions in each state. The Central Government argued that its role under Section 2(c) of the Act is not redundant but must be exercised considering the social, cultural, and religious conditions of the Jain community in each state. 4. Historical and constitutional context of minority rights in India: The Court delved into the historical context, noting that the concept of 'minorities' and the demand for their protection arose from religious conflicts during British rule and the subsequent partition of India. The Constitution's Articles 25 to 30 were designed to protect the rights of religious and linguistic minorities to maintain national unity and integrity. The framers did not intend for the list of minorities to expand indefinitely, and the Court cautioned against encouraging claims for minority status based on numerical or socio-economic criteria alone. Conclusion: The Supreme Court concluded that the Central Government must consider the social, cultural, and religious conditions of the Jain community in each state before notifying them as a minority under Section 2(c) of the Act. The Court emphasized that the identification of minorities should be state-specific, as clarified in the TMA Pai Foundation case. The appeal was disposed of, with the Court making significant observations on the role of the National and State Commissions for Minorities, urging them to work towards reducing the list of notified minorities and fostering national unity. The Court did not find grounds to grant any relief to the appellants in this case.
|
