National Commission for Minorities (NCM)

At a Glance

• What it is Statutory body to safeguard the interests of notified minorities
• Origin 1978 Minorities Commission; statutory from 1992 Act
• Members Chairperson, Vice-Chairperson and five members
• Ministry Ministry of Minority Affairs
• Exam link UPSC Prelims, Polity: Non-Constitutional Bodies

Where Does It Fit?

This is the seventh topic of the category on Non-Constitutional Bodies. In 1978 the Government of India set up a Minorities Commission by executive resolution to safeguard minority interests, and the National Commission for Minorities Act, 1992, made it statutory and renamed it the National Commission for Minorities. The first statutory Commission was constituted in 1993.

Establishment

The Home Ministry resolution of 12 January 1978 said that despite constitutional safeguards and laws, a feeling of inequality and discrimination persists among the minorities, and that to preserve secular traditions and promote national integration, effective institutional arrangements were urgently required for enforcing minority safeguards in the Constitution, Central and state laws and government policies. Later it was felt that statutory status would infuse confidence among minorities and give the body more weight with state governments, Union territory administrations and Central ministries. The Act came into force on 17 May 1993. The Commission is autonomous and works under the administrative control of the Ministry of Minority Affairs, which was carved out of the Ministry of Social Justice and Empowerment in 2006.

The Act does not define minority but allows the Central Government to notify minorities. In 1993 the Centre notified five religious communities: Muslims, Christians, Sikhs, Buddhists and Zoroastrians (Parsis). The Jain community was added in 2014, by a notification of 27 January 2014.

Composition, Tenure and Removal

The Commission consists of a Chairperson, a Vice-Chairperson and five members, nominated by the Central Government from persons of eminence, ability and integrity, and five members including the Chairperson must be from the minority communities. Before the 1995 amendment the Commission had a Chairperson and six members, and the Vice-Chairperson was added to the members by the amendment. Salaries and conditions are prescribed by the Central Government (Ministry of Minority Affairs). They hold office for three years and may resign to the Central Government.

The Central Government can remove the Chairperson or a member before the term expires if the person becomes an undischarged insolvent, is convicted and sentenced for an offence involving moral turpitude, is declared of unsound mind by a competent court, refuses to act or becomes incapable of acting, is absent from three consecutive meetings without leave, or abuses the official position in a way detrimental to the interests of minorities or the public interest.

Functions: A Nine-Point Mandate

1. Evaluate the progress of the development of minorities under the Union and the states.
2. Monitor the working of the safeguards for minorities in the Constitution and in laws of Parliament and state legislatures.
3. Recommend measures for effective implementation of safeguards by the Central or state governments.
4. Look into specific complaints regarding deprivation of rights and safeguards of minorities and take up such matters with the appropriate authorities.
5. Cause studies on problems arising out of discrimination against minorities and recommend measures for their removal.
6. Conduct studies, research and analysis on socio-economic and educational development of minorities.
7. Suggest appropriate measures for any minority to be undertaken by the Central or state governments.
8. Make periodic or special reports to the Central Government on matters pertaining to minorities and the difficulties they face.
9. Look into any other matter referred to it by the Central Government.

Powers and Reports

While evaluating, monitoring or inquiring into a complaint, the Commission has all the powers of a civil court trying a suit: summoning and examining persons on oath, requiring discovery and production of documents, receiving evidence on affidavits, requisitioning public records, issuing summons for witnesses and documents and any other matter prescribed by the Central Government. It presents an annual report to the Central Government and may submit special reports. The Central Government places the reports before each House of Parliament with a memorandum on action taken and reasons for non-acceptance. If a report relates to a state, a copy is forwarded to the state government, which places it before the state legislature with a similar memorandum.

Why Is This Topic Important?

• Statutory versus constitutional NCM is statutory
• Notified minorities Six communities
• Ministry link Minority Affairs

What Came Next?

The next topic covers the National Green Tribunal.

Key People and Terms

• Minority Notified by the Central Government
• Zoroastrians Parsis, a notified minority
• Resolution of 1978 Created the Minorities Commission
• 1995 amendment Changed composition
• Ministry of Minority Affairs Administrative ministry

Exam Corner

Mains Angle

Questions on this topic usually ask about minority safeguards. Use these points to add depth.

• Secular aim Confidence among minorities
• Statutory weight Influence with governments
• Notified minorities Central notification
• Reports Laid before Parliament