[dropcap]T[/dropcap]HE Supreme Court today issued notice to the Central Government on a Public Interest Litigation (PIL) challenging the constitutional validity of establishment of the National Minority Commission by the National Minority Commission Act, 1992 as Parliament cannot make any law for the benefit of any religion may be, for minority religious groups.
The petition also seeks direction that Centre has no power to grant benefits from taxpayer money on the schemes framed in favour of notified religious minority communities.
Notice has been issued by a two-judge bench comprising Justices RF Nariman and S R Bhat on a plea filed by followers of the Sanatan Vedic Dharam, who are members of the Hindu community.
Petitioners have stated that they have invoked the jurisdiction of the Court under Article 32 of Constitution of India as members of Hindu community are being discriminated merely on the ground of religion as a number of beneficiary schemes carrying budget of Rs.4700 crores have been initiated in favour of some religious minorities even though Constitution of India, according to the petitioners, does not conceive the idea for making special provision in the name of any religion or for making separate law and schemes for the benefit of majority or minority community.
“From taxpayer money, no religion or religious groups can be promoted and therefore, no Minority Commission can be created to achieve the purposes enumerated in the Act. The Government cannot be invested with the power to declare any Community as a Minority Community. It is for the Minority Community to establish the institution of its choice in accordance with Article 30 of the Constitution of India”, the petitioners say.
Further, the petitioners have argued that the Government and Parliament of India cannot promote minoritism and cannot show an inclination towards them and allure them to flourish by initiating beneficial programs for them. Such an action will be detrimental for the Sovereignty and Integrity of India and give rise to separatists and may create a situation for another division of the nation.
“In substance, the facts of the case are that the Government of India has initiated number of schemes in favour of a religious group terming the same as ‘Minorities’ to the tune of Rs. 4700 crores as is evident from the budget of 2019-2020”, the petitioners argue.
The Government, according to the petitioners, is showing undue favour to Waqf and Waqf properties denying the same benefit to the institutions of Hindu community like Trusts, Mutts, Akharas and other religious denominations.
“The State cannot make any distinction between majority and minority community. The State cannot make any rule, law or regulation distinguishing religious minorities as a separate class. The State cannot make any law in the name of minorities beyond the scope of Article 30 of the Constitution of India.
The petition also seeks direction to the Central Government to frame guidelines laying down necessary conditions and eligibility criteria for all the eligible candidates irrespective of their caste or religion to avail the benefit of Centrally sponsored beneficial schemes.
The petition has been filed through Advocate Vinshu Shankar Jain.
