Taking different stands does not help: Supreme Court to Centre on plea seeking minority status for Hindus

The discussion was necessary in order to 'obviate any unintended complications in future with regard to such a vital issue', the Centre said

The Supreme Court on Tuesday said it does not appreciate the Centre changing its stand on a plea seeking minority tag for Hindus in some states, as more thought should have gone before finalising its stand.

A bench presided over by Justice Sanjay Kishan Kaul, however, granted the Centre three months time to hold consultations with state governments and other stakeholders on the issue of granting minority status of Hindus in states where they are outnumbered by other communities.

Taking up a plea by BJP leader and advocate Ashwini Kumar Upadhyay, the court noted the Union government has not decided what it wanted to do, and there is uncertainty.

As the petitioner pointed out that the Centre has filed an affidavit in supersession of its earlier affidavit, seeking time to hold wider consultation with states and other stakeholders, the bench said, "There are matters, which require resolution...taking different stands does not help."

The court finally gave the Centre three months time and put the matter for consideration on August 30.

On Monday, the Centre told the court it has got power to declare communities as minorities but since the issue has far reaching ramifications throughout the country, it should be allowed to have a detailed deliberation and wide consultation with the States and other stakeholders before finalising its stand.

The discussion was necessary in order to "obviate any unintended complications in future with regard to such a vital issue," it added.

In its previous written response filed on March 27, the Union government has told the court that certain states, where Hindus or other communities are less in number, can declare them a minority community within its territory, to enable them set up and administer their own institutions.

“It is submitted that the question involved in the writ petition has far-reaching ramifications throughout the country and therefore any stand taken without detailed deliberations with the stakeholders may result in an unintended complication for the country.

“Though the power is vested with the central government to notify minorities, the stand to be formulated by the central government with regard to issues raised in this group of petitions will be finalised after having a wide consultation with the state governments and other stakeholders,” the Centre said.

The ministry said this will ensure that the central government is able to place a considered view before the apex court taking into consideration several social, logical, and other aspects obviating any unintended complications in the future concerning such a vital issue.

Upadhyay had challenged the validity of section 2(f) of the National Commission for Minority Education Institution Act, 2004, alleging that it gives unbridled power to the Centre and termed it "manifestly arbitrary, irrational, and offending".

Section 2(f) of the Act empowers the Centre to identify and notify minority communities in India.

The plea, filed through advocate Ashwani Kumar Dubey, said denial of benefits to "real" minorities and "arbitrary and unreasonable" disbursements under schemes meant for them to the absolute majority infringe upon their fundamental right.

"In the alternative, direct and declare that followers of Judaism, Bahaism, and Hinduism, who are minorities in Ladakh, Mizoram, Lakshadweep, Kashmir, Nagaland, Meghalaya, Arunachal Pradesh, Punjab, and Manipur, can establish and administer educational institutions of their choice in the spirit of the TMA Pai Ruling," the plea said.

The apex court in the TMA Pai Foundation case had held that the state is well within its rights to introduce a regulatory regime in the national interest to provide minority educational institutions with well-qualified teachers for them to achieve excellence in education.

Quoting Article 30 of the Constitution, the plea said that minorities whether based on religion or language shall have the right to establish or administer educational institutions of their choice.

The petition said that denial of minority rights to actual religious and linguistic minorities is a violation of the rights of minorities enshrined under Articles 14 and 21 (no person shall be deprived of his life or personal liberty except according to procedure established by law) of the Constitution.

The apex court had earlier allowed a plea seeking transfer of cases from several high courts to it against the Centre's notification to declare five communities -- Muslims, Christians, Sikhs, Buddhists, and Parsis -- as minorities and tagged the matter with the main petition.

With PTI inputs.