The Delhi High Court has directed the Centre to expeditiously fill the vacancies in the National Commission for Minorities (NCM) and directed it to file a report within two weeks giving the status of the specific appointments along with proper timelines.
The Court expressed its displeasure on the affidavit filed by the Centre which had stated that under Sub-Clause 4 of Section of the National Commission for Minorities Act, no specific time period has been provided to fill the post of chairman and or members of the commission.
After perusal of the affidavit, the single-judge bench headed by Justice Prathiba M. Singh has said it is completely “unsatisfactory”.
“The mere fact that persons of eminence, ability and integrity have to be appointed would not mean that the said appointments would not be expeditiously made. The vacancies ought to be expeditiously filled and there ought to be a proper timeline for the same. Accordingly, it is directed that within a period of two weeks, the status of the specific appointments shall be given in a status report, along with proper timelines,”
-said the Delhi High Court.
The Centre in its affidavit had submitted that since the nomination of the chairperson/vice-chairperson/members of the commission is to be made from among persons of eminence, ability and integrity and five members including the chairperson shall be from among the minority communities, utmost care and caution have to be taken while nominating the said members to the Commission so as to protect the interests of the minority communities as provided in the Constitution of India and laws enacted by the Parliament of India and state legislatures.
The Additional Solicitor General appearing for the Centre has submitted during the hearing that vacancies have arisen during the Covid-19 pandemic and the commission is, however, functioning efficiently.
The Court was hearing the plea seeking directions for filling up vacant posts of chairperson and members from the Buddhist, Christian, Parsi, Sikh and Jain communities in the NCM.
The Court has noted,
“Admittedly, the status of the present composition of the Commission is that out of seven positions, six positions are vacant, including the post of Chairperson. There is only Vice- Chairman from the Muslim community who is functioning in effect, at the Commission.”
The Counsel for the Petitioner has submitted that the Commission cannot be converted into one-man Commission. If representation is not given to all the communities in a proper manner, it cannot be held that the Commission is fully functional.
The Court, on February 15, had directed the NCM to file a status report explaining as to why many posts are vacant since October 2020.
The plea filed by Abhay Ratan Bauddh through Advocate Vinay Kumar sought court’s direction to immediately fill the vacant post of Chairperson and members from the Buddhist, Christian, Parsi, Sikh and Jain which are lying vacant.
“…it is obligatory duty of the respondent no. 1(Central government) and 2 (PMO) under the National Commission for Minorities Act, 1992 to make appointment of Chairperson, and members from Buddhist, Christian, Parsi, Sikh and Jain in the National Commission for Minorities for the enforcement of the laws generally and to supervise the interest of minority communities,”
-the plea has said.
The matter will now be heard next on April 15.
NCM-Act