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Supreme Court grants a week’s time to Centre on plea challenging national minorities commission

The petitioners from Uttar Pradesh say alluring minorities by providing some benefits to them can be considered as promotion of minorityism and is ultra-vires the Constitution.

The Supreme Court has granted a week’s time to the Centre to file a counter-affidavit on the request made by the Attorney General while hearing the petition filed by six Uttar Pradesh residents alleging the Uttar Pradesh Government discriminated against Hindus as welfare schemes worth of thousands of crores were initiated in favour of only some religious minorities.

The petition was listed before the bench headed by Justice R.F. Nariman. Advocate Vishnu Shankar, appearing on behalf of the petitioner, submitted before the Court that Union of India has to file a reply in compliance with the last order of the Court which they haven’t filed yet.

The counsel on behalf of the Union of India then prayed for a weeks’ time to file its reply and was granted the same by the Court. In its previous order Court issued notice to the Central Government, National Commission for Minorities and Central Waqf Council having an observation, “welfare schemes cannot be based on religion”.

The petitioners, Neeraj Shankar Saxena and five others, have submitted that the government cannot discriminate on the basis of minority among its citizens. Targeting specific minorities and alluring them by providing some beneficial program can be considered as the promotion of minorityism and this is ultra-vires the basic principles of the Constitution. The petitioners further emphasised on the threat of raising the thought of separatism that could lead the nation towards another division.

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The petitioners have also submitted that the Parliament cannot promote any religion or religious groups from taxpayers money. Though it has the power to make any law for the benefit of those communities who are found to be ‘socially and educationally backward’ under Article 15(4) of the Constitution of India but cannot make any law for the benefit of any religion maybe, for minority religious groups.

On the basis of above submissions, the petitioners challenged the validity of the establishment of the National Commission for Minorities (NCM).

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