Delhi High Court Demands Action on NMC Vacancies, Labels Situation a 'Matter of Concern'
The Delhi High Court has voiced significant apprehension regarding the persistent vacancies in the National Commission for Minorities (NMC), which have left the statutory body non-functional since December 2024. In a hearing on Friday, the court directed the Ministry of Minority Affairs to submit a detailed affidavit outlining the steps taken to fill these vacancies and the estimated timeline for completion.
Court's Directive and Hearing Details
A bench comprising Chief Justice D K Upadhyaya and Justice Tejas Karia issued this order while addressing a Public Interest Litigation (PIL) filed by Ahmedabad-based activist Mujahid Nafees, convener of the Minority Coordination Committee. The PIL, submitted in October last year, highlighted that the NMC has been rendered defunct after the vice-chairperson and three members demitted office in December 2024, followed by the chairperson completing his tenure in April 2025.
The court has set a deadline of February 6 for the Centre to file the affidavit, which must provide specifics on the appointment process and the expected duration to finalize it. This date coincides with the next hearing scheduled for the matter.
Judicial Scrutiny and Ministry's Response
During the proceedings, Chief Justice Upadhyaya expressed frustration with the delays, questioning the ministry's rationale. "Why do you people ask us to be a bit harsh? There is a statutory body entrusted with certain tasks under an Act by Parliament. It is the parliamentary mandate to you to keep this Commission running, functioning," he remarked. He further pointed out the elapsed time since the vacancies arose, emphasizing the urgency of the situation.
The ministry, in its response, acknowledged the court's concerns as "absolutely valid" and stated that it has initiated the appointment process. However, it requested a six-month period to report back on developments. To this, CJ Upadhyaya retorted, "And when we ask how much time you’ll take, you say six months. Is it reasonable?" underscoring the court's skepticism about the proposed timeline.
Importance of the National Commission for Minorities
In its order, the court underscored the critical role of the NMC, noting that it is a statutory commission with vital functions related to minority development across India. The Commission is tasked with:
- Monitoring the implementation of constitutional safeguards and laws for minorities.
- Addressing specific complaints about the deprivation of minority rights and engaging with relevant authorities.
- Serving as a primary watchdog for minority welfare under union and state jurisdictions.
The court's order stated, "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."
Broader Implications and Next Steps
This development highlights ongoing challenges in ensuring the operational efficiency of key statutory bodies in India. The NMC's inactivity since late 2024 raises questions about the protection of minority rights and the government's adherence to parliamentary mandates. The upcoming affidavit and February 6 hearing will be crucial in determining whether the ministry can expedite the appointment process and restore the Commission's functionality.
As the legal proceedings continue, stakeholders and minority communities await concrete actions to address these vacancies, which are essential for upholding democratic safeguards and promoting inclusive governance.
