States with less Hindus can declare them as minority: Centre to SC

Centre further said the Ministry of Minority Affairs was set up so as to improve the socio-economic conditions of the minorities through affirmative action

The Narendra Modi government has told the Supreme Court that certain States, where Hindus or other communities are less in number, can declare them a minority community within their own territories, to enable them to set up and administer their own institutions.

It said States can also declare a religious or linguistic group as a minority community within its territory, as Maharashtra did in case of Jews in 2016, Karnataka notified Urdu, Telugu, Tamil, Malayalam, Marathi, Tulu, Lamani, Hindi, Konkani, and Gujrati languages as minority languages over there.

"The States too can certify institutions as being minority institutions as per rules of the said State," it said.

In an affidavit, the Ministry of Minority Affairs said the claim by BJP leader and advocate Ashwini Kumar Upadhyay in a PIL that followers of Judaism, Bahaism and Hinduism, who are minorities in Laddakh, Mizoram, Lakshadweep, Kashmir, Nagaland, Meghalaya, Arunachal Pradesh, Punjab and Manipur, can't administer their institutions were not correct.

"They can establish and administer educational institutions of their choice in the said State and laying down guidelines for identification of minorities at State level may be considered by the concerned state governments," it said.

The Union government further said the Ministry of Minority Affairs was set up so as to improve the socio-economic conditions of the minorities through affirmative action and inclusive development so that every citizen has an equal opportunity to participate actively in building a vibrant nation.

It also pointed out that various schemes, launched, are meant only for the economically weaker sections or underprivileged children and candidates of the minority communities and are not for everyone belonging to the minority community.

At the same time, the Centre maintained States alone can't be given the power to frame laws on the subject of minorities as this would be contrary to the constitutional scheme and would go against several decisions of the top court.

"Parliament under Article 246 of the Constitution, read with Entry 20 in Concurrent List in Schedule Seven, has enacted the National Commission for Minorities Act, 1992. If the view that the State alone has the power to enact the law on the subject of the minority is accepted, then Parliament would be denuded of its power, which would be contrary to constitutional scheme," it said.

The Centre cited the top court's decisions in T M A Pai and Bal Patil cases to contend that those did not impinge upon or put a legal embargo on the legislative and executive powers of the Parliament and central government to notify a community as a minority.

In his plea, Upadhyay sought a direction to the Centre to lay down guidelines for identification of minorities at the state level saying the Hindus are in minority in 10 states and are not able to avail the benefits of schemes meant for minorities.

"India is a country unique characteristics where religious and linguistic minorities are spread all over and not related to or restricted to one State or Union Territory," it said, adding since Parliament had passed the 1992 law, the natural corollary is that the central government has legislative competence to notify a community as a minority.

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