What is the issue?
- PIL against Central Government Power
- Questions Validity of Sec. 2(f)of
NCMEI Act 2004
- To direct that only those communities that are “socially, economically and politically non-dominant” besides being numerically smaller in States/UTs be allowed the status of minorities
Arbitrary and contrary to some Fundamental RightsSec. 2(c) of NCM act 1992 gives similar power to Central Govt.
2005: 5 communities notified as minority
2006: one more notified as minority
TMA Pai Foundation vs State of Karnataka Case, 2002
SC decision: for the purpose of determining minority, unit will be state, not whole India
What are the demands?
- To curtail centre’s power to notify minority or
- To direct the Centre to notify followers of Hinduism, Bahaism and Judaism as minorities in States/UTs where they are actually fewer in numbers or
- To direct that only those communities that are “socially, economically and politically non-dominant” besides being numerically smaller in States/UTs be allowed the status of minorities
What are Central Govt. Stands?
- It has power to notify minority
- concurrent powers with States to take measures for the welfare of minorities