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Context

The Delhi High Court highlighted that key posts (including chairperson) in the National Commission for Minorities (NCM) have remained vacant since April 2025.

What is the National Commission for Minorities?

It is a statutory body established under National Commission for Minorities Act 1992, to monitor and evaluate the implementation of various constitutional and legal safeguards for minorities.

The Central Government officially notifies religious communities as minorities. Currently, six religious communities—Muslims, Christians, Sikhs, Buddhists, Zoroastrians (Parsis), and Jains—are officially recognized.

What is its Composition?

As defined by the NCM Act, 1992, the commission consists of:

• A Chairperson
• A Vice-Chairperson
• Five Members

The government nominates all seven members, who must be from the minority communities and should be individuals of eminence, ability, and integrity. 

Each member holds office for a three-year term.

What Are Its Functions and Powers?

The NCM acts as both an advisory body and a quasi-judicial authority, tasked with safeguarding minority rights.

Functions:

• Progress Evaluation: Evaluates the progress of minority development programs at both Union and State levels.
• Safeguard Monitoring: Monitors the effective implementation of constitutional and legal safeguards for minorities.
• Grievance Inquiry: Inquires into specific complaints regarding the deprivation of rights and safeguards of minorities.
• Policy Recommendations: Advises the government on the effective implementation of welfare schemes for minorities.
• Research: Conducts studies and research on minority-related issues, submitting findings to the Central Government.
• Mainstreaming Initiatives: Suggests measures to integrate minority communities into national life and ensure their equitable participation.

Powers (Quasi-judicial Authority):

The NCM has been vested with the powers of a Civil Court during its investigations, enabling it to:

• Summon and enforce attendance of persons.
• Demand discovery and production of documents.
• Receive evidence on affidavits.
• Requisition public records from any court or office.
• Issue commissions for examining witnesses or documents.

Impact and Achievements: Has the NCM Made a Difference?

Grievance Redressal and Advocacy

The NCM acts as a vital platform for minorities to report discrimination, violence, or denial of rights. 

Policy Influence

The Commission's recommendations influenced government policies like the Pradhan Mantri Jan Vikas Karyakram (PMJVK) to ensure equitable resource allocation for minority welfare and socio-economic development in Minority Concentration Areas (MCAs).

Promoting Communal Harmony

The NCM promotes interfaith dialogue and peace. Its timely interventions and statements during periods of communal tension serve as an important voice for reconciliation.

Generating Data and Insights

The NCM's annual reports offer valuable data and insights into the socio-economic status of minorities, highlighting areas that require increased government attention.

Challenges Faced by the NCM: What Are the Limitations?

Lack of Constitutional Status

The NCM's recommendations are largely advisory and not legally binding on the government, unlike the National Commission for Scheduled Castes (NCSC) or National Commission for Scheduled Tribes (NCST), which have constitutional backing.

Limited Enforcement Powers

The NCM cannot punish offenders, enforce compliance from state governments, or directly influence policy without political will. It relies heavily on persuasion and its moral authority.

Vacancies and Underfunding

The Commission frequently has vacant Chairperson and Member positions, and insufficient resources hinder its ability to conduct investigations, research, and outreach across the nation.

Perceived Political Interference

Political influence, due to the Central Government's sole appointment power, compromises the Commission's independence and credibility.

Narrow Mandate

The NCM's mandate is restricted to six religious minorities, excluding other marginalized groups or linguistic minorities (who face distinct challenges) from its national purview.

Jurisdictional Overlaps

Its functions sometimes overlap with those of the National Human Rights Commission (NHRC) and other statutory commissions, which lead to redundancy and inter-agency coordination challenges.

Way Forward: How Can the NCM Be Strengthened?

Grant Constitutional Status

Granting constitutional recognition would empower NCM with the legal authority to ensure its recommendations are implemented. 

The Parliamentary Standing Committee on Social Justice and Empowerment recommended granting constitutional status to the National Commission for Minorities (NCM)

 Expand Jurisdiction and Powers

Amend the act to empower investigations into all rights violations, including those by security forces, with safeguards. Grant it power to penalize non-compliance.

Empower the NCM with more robust enforcement capabilities, including the ability to issue binding directives and impose penalties for non-cooperation by public authorities.

Ensure Transparent Appointments

Implement a transparent, collegium-based system for the appointment of the Chairperson and members to safeguard the Commission's independence and reduce the perception of political interference.

Adequate Resources

Ensure timely appointments of commissioners and provide sufficient financial and human resources, including dedicated research and legal teams, for comprehensive functioning.

Broaden the Mandate

Review the criteria for minority notification to include linguistic minorities or other marginalized groups facing similar issues of discrimination and disadvantage. 

The T.M.A. Pai Foundation case (2002) judgment by the Supreme Court highlighted that minority status, both linguistic and religious communities, could be determined at the state level (not the country as a whole), providing a legal basis for a broader approach.  

Promoting Synergy

Improve coordination mechanisms with other national commissions (NCSC, NCST, NHRC) and the Ministry of Minority Affairs to avoid redundancy and create a unified approach to addressing marginalized communities' issues.

Adopting International Best Practices

Countries like Canada have a Human Rights Commission with a broader mandate to investigate discrimination based on religion, race, etc., and its findings can be enforced through a tribunal. India could study such models to give the NCM more effective enforcement powers. 

Conclusion

The National Commission for Minorities (NCM) is vital for protecting minority rights in India, but its impact is hindered by its non-statutory status and operational issues. To ensure India meets its human rights obligations, the NCM needs constitutional status, greater autonomy, and sufficient resources.

Source: THE HINDU