‘Why do you ask us to be harsh?’: Delhi HC raps Centre over vacancies that have left National Minorities Commission defunct

A PIL before the Delhi HighCourt stated that the National Commission for Minorities has ceased to existafter its three members demitted office in December 2024 and its vice-chairpersoncompleted his tenure in April 2025.

national minorities commissionThe PIL sought the Delhi High Court’s directions to the Centre to complete the process of appointments in the National Commission for Minorities. (File photo)

The Delhi High Court Friday expressed its “concern” on continued vacancies in the National Commission for Minorities since 2024, making the Commission non-functional. The court has sought an affidavit from the Union Ministry of Minority Affairs, detailing the steps taken so far to fill up the vacancies and the time likely to be taken to complete the process.

The Public Interest Litigation (PIL) by Ahmedabad-based Mujahid Nafees, convenor of the Minority Coordination Committee, filed in October last year, was taken up by a bench of Chief Justice D K Upadhyaya and Justice Tejas Karia.

The court recorded in its order, “It is a matter of concern that on account of vacancy in the office of chairperson, vice chairperson and the members, the Commission at present appears to be non-functional. The vacancies in the Commission have been existing since long and it was thus expected of the authorities concerned (to) complete the process of nomination so that the commission can become functional.”

The PIL highlighted that the National Commission for Minorities, a quasi-judicial statutory body which serves as the primary watchdog for minorities’ rights, has been rendered defunct and has ceased to exist after its three members demitted office in December 2024 and its vice-chairperson completed his tenure in April 2025. The PIL sought the court’s directions to the ministry to complete the process of appointments.

‘How much time has lapsed since December 2024’

CJ Upadhyaya, addressing the ministry’s counsel, orally asked, “Why do you people ask us to be a bit harsh? There is a statutory body entrusted with certain tasks under an Act by the Parliament. It is the parliamentary mandate to you to keep this Commission running, functioning… Since December 2024, how much time has lapsed?”

The ministry, while admitting that the court has “raised an absolutely valid issue”, informed the court that it has initiated the process of appointments and suggested that it be given six months’ time to report back to the court with the developments.

CJ Upadhyaya added orally, “And when we ask how much time you will take, you say six months. Is it reasonable?”

Story continues below this ad

‘Give details of steps taken’

The court recorded in its order, “The Commission…is a statutory commission and performs certain important functions concerning the development of minorities under the Union and the states. The Commission is also entrusted with the task of monitoring the working of safeguards provided in the constitution and the laws enacted by Parliament and the state legislatures to the minorities. It is also entrusted to look into specific complaints regarding deprivation of rights and safeguards to the minorities and take up such matters with the appropriate authorities.”

It directed the Centre to file an affidavit “giving details of steps taken for filling up the vacancies and the time which is likely to be taken to complete the said process” by February 6, when the court will hear the matter next.

Sohini Ghosh is a Senior Correspondent at The Indian Express. Previously based in Ahmedabad covering Gujarat, she recently moved to the New Delhi bureau, where she primarily covers legal developments at the Delhi High Court Professional Profile Background: An alumna of the Asian College of Journalism (ACJ), she previously worked with ET NOW before joining The Indian Express. Core Beats: Her reporting is currently centered on the Delhi High Court, with a focus on high-profile constitutional disputes, disputes over intellectual property, criminal and civil cases, issues of human rights and regulatory law (especially in the areas of technology and healthcare). Earlier Specialty: In Gujarat, she was known for her rigorous coverage in the beats of crime, law and policy, and social justice issues, including the 2002 riot cases, 2008 serial bomb blast case, 2016 flogging of Dalits in Una, among others. She has extensively covered health in the state, including being part of the team that revealed the segregation of wards at the state’s largest government hospital on lines of faith in April 2020. With Ahmedabad being a UNESCO heritage city, she has widely covered urban development and heritage issues, including the redevelopment of the Sabarmati Ashram Recent Notable Articles (Late 2025) Her recent reporting from the Delhi High Court covers major political, constitutional, corporate, and public-interest legal battles: High-Profile Case Coverage She has extensively covered the various legal battles - including for compensation under the aegis of North East Delhi Riots Claims Commission - pertaining to the 2020 northeast Delhi riots, as well as 1984 anti-Sikh riots. She has also led coverage at the intersection of technology and governance, and its impact on the citizenry, from, and beyond courtrooms — such as the government’s stakeholder consultations for framing AI-Deepfake policy. Signature Style Sohini is recognized for her sustained reporting from courtrooms and beyond. She specialises in breaking down dense legal arguments to make legalese accessible for readers. Her transition from Gujarat to Delhi has seen her expand her coverage on regulatory, corporate and intellectual property law, while maintaining a strong commitment to human rights and lacuna in the criminal justice system. X (Twitter): @thanda_ghosh ... Read More

 

Latest Comment
Post Comment
Read Comments
Advertisement
Loading Taboola...
Advertisement
Advertisement
Advertisement