Identification of minorities: Apex court pulls up Centre for not replying to petition

The plea has sought a minority tag for Hindus in six states and two Union Territories, based on the 2011 Census report.

"We are not inclined to entertain a petition under Article 32 of the Constitution. These petitions are accordingly dismissed," the bench said.

The Supreme Court on Monday pulled up the Centre for dragging its feet on a 2020 petition seeking identification of minorities at the state level and minority status for Hindus in states where their numbers are low. The court imposed a cost of Rs 7,500 after the government failed to file its reply to the 2020 plea despite the court granting it a last opportunity in January this year.

“You have not filed counter despite several opportunities. This is not fair. You have to take a stand,” Justice S K Kaul, heading a two-judge bench, told Additional Solicitor General K M Natraj, who appeared for the Centre and submitted that the reply will be filed soon and urged the court to not impose cost.

Turning down the request, the bench, also comprising Justice M M Sundresh, ordered, “We grant one further opportunity of four weeks subject to deposit of cost of Rs 7,500…. Thereafter two weeks for rejoinder.” The court will now hear the matter on March 28.

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The plea by advocate Ashwini Upadhyay relies on the majority judgment of Supreme Court in the 2002 TMA Pai case, which lays down that for the purposes of Article 30, which deals with rights of minorities to establish and administer educational institutions, the religious and linguistic minorities have to be considered state-wise.

The petition contended that the Centre, in the exercise of powers under Section 2(c) of the National Commission for Minorities Act, 1992, has declared only Muslims, Christians, Sikhs, Buddhists, Jains and Zoroastrians as minority. This, it said, has deprived groups such as Hindus, Baha’is and Jews of their legitimate rights.

It also challenged the constitutional validity of Section 2(c) of the NCM Act, which empowers the Centre to declare a group as a minority, and has sought a minority tag for Hindus in six states and two Union Territories, based on the 2011 Census report.

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