Delhi High Court Questions Centre Over Vacancies Leaving National Minorities Commission Defunct
The Delhi High Court has expressed serious concern over the continued vacancies in the National Commission for Minorities, which have rendered the statutory body non-functional since 2024. During a hearing on Friday, the court questioned the Centre's delay in filling these crucial positions, highlighting the parliamentary mandate to keep the commission operational.
PIL Highlights Commission's Defunct Status
A Public Interest Litigation filed by Ahmedabad-based activist Mujahid Nafees, convenor of the Minority Coordination Committee, brought this critical issue to the court's attention. The PIL stated that the National Commission for Minorities has effectively ceased to exist after its three members demitted office in December 2024 and its vice-chairperson completed his tenure in April 2025.
The bench comprising Chief Justice D K Upadhyaya and Justice Tejas Karia heard the petition, which sought the court's directions to the Ministry of Minority Affairs to complete the appointment process promptly. The court recorded in its order that "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."
Court's Stern Questioning of Centre
During the proceedings, Chief Justice Upadhyaya posed pointed questions to the ministry's counsel, asking "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 court emphasized that the Commission performs vital functions concerning minority development and monitors constitutional safeguards for minority communities. It also addresses specific complaints regarding deprivation of rights and takes up such matters with appropriate authorities.
Ministry's Response and Court's Directive
While acknowledging the court's concerns as "absolutely valid," the ministry informed that it has initiated the appointment process. The government counsel requested six months to report back with developments, to which the Chief Justice responded, "And when we ask how much time you will take, you say six months. Is it reasonable?"
The court has directed the Centre to file an affidavit by February 6, detailing the steps taken to fill the vacancies and the expected timeline for completing the process. The next hearing is scheduled for that date, when the court will review the ministry's progress report.
Significance of the National Commission for Minorities
The National Commission for Minorities serves as a quasi-judicial statutory body and primary watchdog for minority rights in India. Its functions include:
- Monitoring constitutional safeguards for minority communities
- Evaluating implementation of laws protecting minority rights
- Addressing specific complaints regarding deprivation of rights
- Making recommendations for effective implementation of safeguards
- Looking into matters relating to minorities' development
The prolonged vacancies have left this crucial institution non-functional, raising concerns about the protection of minority rights and implementation of constitutional safeguards during this period.
