The National Commission for Minorities (NCM) was established by the Union Government in 1992 under the National Commission for Minorities Act. Muslims, Christians, Sikhs, Buddhists, Zoroastrians (Parsis), and Jains are six religious communities that have been designated as minority communities by the Union Government in India's Gazette. Sikhs, Buddhists, Parsis, Christians, and Muslims were the first five religious communities to be notified in 1993; later in 2014, the Jains were added. According to the 2001 Census, these six communist countries account for 18.8% of the country's population. The UPSC Indian Polity and Governance Syllabus include National Commission for Minorities which is described in this article.

Composition of National Commission for Minorities

The National Commission for Minorities shall consist of

1. Chairperson (current chairperson: Shri Iqbal Singh Lalpura
2. Vice-Chairperson
3. Five members to be Nominated by the central government amongst a person of eminence, ability, and integrity.

Note: All five members including the chairperson shall be among the minority communities.

• The Chairperson or a member can resign from the office by writing to the Central Government.
• TERM: Chairperson and every Member shall hold an office for a term of three years from the date he assumes office.

Removal Process of Office of Chairperson

The Central Government shall remove a person from the office of Chairperson or the member if

1. Becomes undischarged insolvent.
2. Unsound mind and stand so declared by a competent court.
3. Refuse to act or become incapable of acting.
4. Convicted and sentenced to imprisonment for an offense which in the opinion of the Central Government involves moral turpitude.
5. Absent from three consecutive meetings without obtaining leave of absence.
6. Abused the position of chairperson or member in the opinion of the Central Government.
7. Detrimental to the interest of minorities or public interest.

Note: No person shall be removed under this clause until the person has been given a reasonable opportunity of being heard in the matter.

Functions

• Assessing the growth and development of minorities under Union and State.
• Monitoring the working of safeguards provided by the constitution, union and state laws.
• Recommending Union and State Government regarding Implementation of Safeguards for the minorities.
• Address the complaints regarding deprivation of rights of minorities and take up such matters with the rightful authorities.
• Conduct research and analyze issues relating to the socio-economic and educational development of minorities.
• Present a periodic report to the central government on any matter of minority.

Jurisdiction

The commission shall perform any of the functions mentioned above and have all powers of civil court.

• Summoning and enforcing the attendance of any person from any part of India and examinations of witnesses and documents.
• Receiving evidence of an affidavit, any public record or copy from any court or office.
• Any other matter prescribed by the commission.

Objective

• Inspire greater confidence among the minorities.
• Make the commission more effective in safeguarding the interest of minorities.

Limitations

• It does not have the status of a constitutional body hence has fewer powers and autonomy as compared to the National Commission for SC and ST.
• It does not have the power to participate and advise on the planning process of the Socioeconomic and educational development of Minorities.
• The NCM Act, 1992 does not provide any time limit within which the Annual Report of the commission should be laid before the Parliament.
• Recommendations of the Commission are not binding on the Union and states. Further, the reason for the non-acceptance of such recommendations is not even communicated with the commission.
• It has become a toothless tiger as it has no power to conduct independent enquiries.
• Decisions of the commission can be overturned by the District and High court.
• There is no real-time information of plans and engagements for hearings with the complainants which results in wastage of resources.

Possible Measures

• It should have a time limit of three months within which the Annual Report and Recommendations of the Commission should be placed before each house of Parliament.
• Reasons for non-acceptance of Recommendations of the Commission should be communicated with the commission within the period of 6 months to one year as the case may be.
• The Commission should set the baseline targets and time limit for disposing of the pending cases.
• The Commission should be given more powers and authority to conduct independent enquiries related to matters of rights of minorities.
• The Commission should be given a stakeholder role while planning for the socio-economic and educational development of Minorities.
• Vacancies should be filled within 3 months.
• Establish a grievance redressal mechanism at the state and district level to increase the effectiveness of the commission.

Conclusion

In a book titled "Minorities Commission 1978-2015: Minor Role in Major Affairs" authored by former NCM chairman Tahir Mahmood, NCM is quoted as a toothless tiger, white elephant, Sarkari puppet. It has been referred to as the “National Commission for Tokenism” too. NCM has not fulfilled its visualized role as a preserver of the rights of minorities. India has witnessed the flush of communal violence since the beginning of NCM. The commission has some inherent flaws in its establishments that have made it a toothless tiger.

FAQs

MCQs

1. Which of the following communities is not recognized as a minority under the National Commission for Minorities Act, 1992?

A) Muslims
B) Christians
C) Hindus
D) Jains

2. Who appoints the members of the National Commission for Minorities?

A) Prime Minister of India
B) President of India
C) Speaker of Lok Sabha
D) Vice President of India

3. What is the primary function of the National Commission for Minorities?

A) To make laws for the protection of minorities
B) To investigate complaints and recommend policies
C) To govern minority communities
D) To conduct elections for minority representatives

4. Under which Article of the Indian Constitution does the National Commission for Minorities derive its powers?

A) Article 330
B) Article 335
C) Article 338
D) Article 342

5. Which of the following is not a recognized minority community under the National Commission for Minorities Act, 1992?

A) Zoroastrians
B) Sikhs
C) Hindus
D) Buddhists

GS Mains Questions and Model Answers

Q1: Discuss the role of the National Commission for Minorities in promoting social justice and equality in India.

Answer: The National Commission for Minorities plays a pivotal role in ensuring that the constitutional and legal rights of minority communities are protected. It investigates complaints of discrimination or violation of rights, ensures the effective implementation of policies meant to protect minorities, and advises the government on legislative and policy measures. The Commission’s efforts contribute to fostering an inclusive society, reducing social disparities, and promoting equal opportunities for minority communities in various spheres of public life.

Q2: How does the National Commission for Minorities contribute to the welfare of religious minorities in India?

Answer: The NCM contributes to the welfare of religious minorities by conducting regular inquiries into their social, economic, and educational status. It also monitors the implementation of government schemes designed to uplift minority communities and suggests improvements. The Commission has been instrumental in formulating policies for the protection of minority institutions, cultural rights, and affirmative action to bridge the development gap between minority and majority communities.

Q3: Analyze the effectiveness of the National Commission for Minorities in addressing the grievances of minority communities in India.

Answer: The effectiveness of the NCM in addressing the grievances of minority communities largely depends on the cooperation of state and central governments in implementing its recommendations. While the NCM has been successful in raising awareness and highlighting issues such as discrimination and social injustice, its advisory role limits its enforcement power. Despite this, it has played a significant part in the formulation of pro-minority policies and in improving the socio-economic status of minorities through advocacy, reports, and public consultations.

Previous Year Questions on National Commission for Minorities

1. UPSC CSE Prelims 2022:

Question: Which of the following is the main function of the National Commission for Minorities?

A) Formulation of laws for minorities
B) Providing financial assistance to minorities
C) Investigation and recommendations for minority welfare
D) Enforcement of minority rights in courts

Answer: (C)

Explanation: The NCM's main function is to investigate complaints related to minorities and recommend measures for their welfare. It does not formulate laws or provide direct financial assistance, nor does it have enforcement powers.

2. UPSC CSE Mains 2019 (GS Paper 2):

Question: Discuss the role of the National Commission for Minorities in addressing the issues of religious minorities in India. How effective has the Commission been in achieving its objectives?

Answer: The NCM has played a key role in monitoring government policies related to the protection of religious minorities and ensuring that their rights are safeguarded. The Commission’s efforts have helped in formulating pro-minority policies, providing feedback to the government, and investigating grievances. However, its advisory nature and lack of enforcement powers have sometimes limited its effectiveness in achieving long-term changes. The Commission's role is critical in promoting social justice but it requires stronger implementation mechanisms to fully address the issues of religious minorities.