The Central government has rejected allegations made by advocate Ashwini Kumar Upadhyay in a PIL in the Supreme Court that “followers of Hinduism, Judaism and Bahaism who are minorities in Meghalaya, Mizoram, Nagaland, Manipur, Arunachal Pradesh, Lakshadweep, Ladakh, Kashmir, Karnataka and Punjab cannot establish and administer their educational institutions of their choice.
Terming the allegations as “not correct”, the Ministry of Minority Affairs in an affidavit filed in the Supreme Court today said, “Followers of Hinduism, Judaism and Bahaism who are minorities in these ten states and union territories can establish and administer educational institutions of their choice in the said state.”
“Further, the states too can certify institutions as being minority institutions as per the rules of the said state,” the affidavit said.
The affidavit also said that laying down guidelines for identification of minorities at the state level “may be considered by the concerned state government.”
The Central government however said that state governments alone cannot be given power to frame laws on the subject of minorities, as this would go against several verdicts of the Supreme Court and it will also be contrary to the constitutional scheme.
The affidavit said: “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 law on the subject of the minority is accepted, then Parliament would be denuded of its power, which would be contrary to constitutional scheme.”
Moreover, the affidavit said that minority status based on religion does not automatically guarantee eligibility for benefitting from the government schemes, and the schemes are for the benefit of economically weaker and socially disadvantaged amongst the minorities.
Upadhyay, in his PIL, sought a direction to the Centre to lay down guidelines for identification of minority at the state level saying the Hindus are in minority in ten states including Meghalaya and they are not able to avail the benefits of schemes meant for minorities.
After a brief hearing in the matter, the Supreme Court scheduled the matter for further hearing on May 10, and gave four weeks’ time to Centre to place its stand before it.
