The Supreme Court has granted six weeks to the states of Rajasthan and Telangana and the Union Territory of Jammu and Kashmir to submit their responses on the issue of identification of minorities at the state level. The Centre had pleaded for a “last opportunity” for these states to respond. Additional Solicitor General K M Nataraj, who appeared for the Centre, informed the bench of Justices S K Kaul and A Amanullah that responses from Rajasthan and Telangana were still awaited, while a part reply from Jammu and Kashmir was also awaited. He urged the bench to give them the last opportunity to furnish their responses.
The bench granted six weeks for these states to respond and said that a copy of its order would be sent to the two states and the Union Territory, informing them that the apex court would close the opportunity for accepting their responses if they fail to do so within the deadline. The top court posted the matter for further hearing in July.
The apex court was hearing several pleas, including one filed by advocate Ashwini Kumar Upadhyay, which sought directions for framing guidelines for identification of minorities at the state level. The plea contended that Hindus are in minority in 10 states. During an earlier hearing on January 17, the apex court had expressed displeasure over six states and Union Territories (UTs), including Rajasthan and Telangana, not submitting their comments to the Centre on the issue of identification of minorities at the state level.
On November 22 last year, the Centre had told the top court that it had held consultative meetings with all state governments, UTs and other stakeholders on the issue of identification of minorities at the state level, and 14 states had furnished their views so far. During the earlier hearing, Upadhyay had told the bench that he had challenged the validity of section 2(f) of the National Commission for Minority Education Institution Act, 2004.
Terming section 2(f) of the Act, which empowers the Centre to identify and notify minority communities in India, as “manifestly arbitrary, irrational, and offending”, his plea has alleged that it gives unbridled power to the Centre. On May 10 last year, the apex court had expressed displeasure over the Centre’s shifting stand on the issue of identification of minorities, including Hindus, at the state level and directed it to hold consultations with the states within three months. In supersession of its earlier stand, the Centre had told the apex court that power to notify minorities is vested with the Union government and any decision with regard to the issue will be taken after discussion with states and other stakeholders.
