National Commission for Minorities (NCM)

India is a diverse society with multiple religions, cultures, and communities. To ensure that minority communities do not feel alienated or discriminated against, the Government established the National Commission for Minorities (NCM).

Let’s understand it:

Establishment of the Commission

A. Began as an Executive Body (1978)

In 1978, the Government of India created the Minorities Commission through an executive resolution.

Why was it established?

The resolution clearly stated:

• Minorities still felt inequality and discrimination, despite constitutional safeguards.
• For preserving secular traditions and strengthening national integration, it was necessary to create a dedicated body.
• Government believed that effective institutional arrangements were required for enforcing safeguards in:
  • Constitution
  • Central and State laws
  • Government schemes and policies

Thus the Commission acted as a protector and voice for minority rights.

B. Became a Statutory Body (1992)

Soon it was felt that the Commission needed statutory status to:

• Strengthen minority communities’ confidence
• Increase the body’s credibility
• Ensure better cooperation from State Governments and Central Ministries

Therefore, Parliament enacted the:

National Commission for Minorities Act, 1992

From 1993 onward, the Minorities Commission was reconstituted as a statutory and autonomous body called the
National Commission for Minorities (NCM).

Nodal Ministry

It functions under the Ministry of Minority Affairs.

Who is a Minority?

The Act does not define the term “minority.”
Instead, it empowers the Central Government to notify minorities.

Minorities Notified (1993):

1. Muslims
2. Christians
3. Sikhs
4. Buddhists
5. Zoroastrians (Parsis)

Added later (2014):

6. Jains

These six religious communities are treated as minorities for all purposes under the Act.

Composition of the Commission

The NCM is a multi-member body, consisting of:

• 1 Chairperson
• 1 Vice-Chairperson
• 5 Members

Qualifications

They must be individuals of eminence, ability, and integrity.

Important condition:

Out of the seven members (including Chairperson and Vice-Chairperson),
five must belong to minority communities.

Appointments

All members are nominated by the Central Government.

Service Conditions

• Salaries, allowances, and conditions of service are prescribed by the Government.
• Members include the Vice-Chairperson.

Tenure

• 3-year term
• They may resign anytime by writing to the Central Government.

Removal Grounds

The Central Government may remove the Chairperson or any member if they:

1. Become an undischarged insolvent
2. Are convicted and sentenced for an offence involving moral turpitude
3. Are declared of unsound mind by a competent court
4. Refuse to act or become incapable of acting
5. Are absent from three consecutive meetings
6. Abuse their official position in a manner detrimental to the interests of minorities or public interest

These grounds mirror the removal conditions of many other statutory Commissions.

Functions of the NCM

The Act has given the Commission a nine-point mandate:

1. Evaluate the progress of minority development

At both Union and State levels.

2. Monitor safeguards

Provided to minorities in the:

• Constitution
• Parliamentary laws
• State laws

3. Recommend measures

For effective implementation of these safeguards.

4. Look into specific complaints

Related to deprivation of rights or denial of safeguards.

5. Study problems arising from discrimination

And recommend ways to remove them.

6. Conduct research

On socio-economic and educational issues concerning minorities.

7. Suggest appropriate measures

To both Central and State Governments.

8. Submit annual and special reports

Highlighting the difficulties faced by minorities.

9. Handle any other matter

Referred by the Central Government.

In summary:
Protection, monitoring, research, recommendations, and addressing grievances.

Powers of the NCM

While evaluating or inquiring into any matter, the Commission has civil court powers, such as:

1. Summoning and enforcing attendance of any person
2. Calling for discovery and production of documents
3. Receiving evidence on affidavits
4. Requisitioning public records from courts or offices
5. Issuing summons for witnesses and documents
6. Exercising any additional power prescribed by the Government

These powers allow the NCM to conduct authoritative and credible investigations.

Reporting Procedure

The NCM submits reports to the Central Government.

• Annual report
• Special reports (whenever necessary)

Presentation in Parliament

The Central Government must place these reports before both Houses of Parliament along with:

• Action Taken Memorandum (ATM)
• Reasons for non-acceptance of recommendations, if any

State-level action

If matters concern a State, the Commission sends a copy to the State Government, which then:

• Places it before the state legislature,
• Along with an Action Taken Report,
• And reasons for non-acceptance.

Thus, the NCM’s work becomes part of the legislative oversight mechanism.

In Summary

The National Commission for Minorities is a statutory body dedicated to ensuring that religious minorities in India are protected, empowered, and treated with dignity.
It:

• Monitors constitutional and legal safeguards
• Addresses complaints
• Conducts research
• Advises governments
• Reviews progress
• Investigates violations with civil court powers