National Commission For Minorities: Functions, Powers, Composition & Challenges | UPSC Notes

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National Commission For Minorities: Functions & Challenges | UPSC

NATIONAL COMMISSION FOR MINORITIES

It is a forum for appeal, set up to safeguard the rights and interests of India’s minority. 

Type of body — NOT CONSTITUTIONAL | STATUTORY ONLY 

Unlike the National Commission for SCs and for STs, it is not a constitutional body. It was set up by an Act of Parliament in 1992. The Constitution (One Hundred and Third Amendment) Bill, 2004, proposed to establish a new Commission, with constitutional status. But due to debate over who is a ‘minority’, the Bill lapsed.

What is the composition of the commission? (1+1+5 by C Govt)

The Commission shall consist of a Chairperson, a Vice Chairperson and five Members to be nominated by the Central Government.

All members shall be from amongst the minority communities.

What are the functions of National Commission For Minorities?

The NCM Act lists 9 functions of the Commission:

a)to evaluate the progress of the development of minorities under the Union and states;

b)to monitor the working of safeguards provided in the Constitution and in union and state laws;

c)to make recommendations for effective implementation of safeguards for the protection of minority interests;

d)to look into, and take up, specific complaints regarding deprivation of rights and safeguards of minorities;

e)to get problems of discrimination against minorities studied, and recommend ways to remove them;

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f)to conduct studies, research, analysis on socioeconomic and educational development of minorities;

g)to suggest appropriate measures in respect of any minority to be undertaken by central or state governments;

h)to make periodic or special reports to the Centre on any matter concerning minorities; especially their difficulties;

i)to take up any other matter which may be referred to it by the central government.

What are the powers of National Commission For Minorities?

The Commission has the following powers:

a)Summoning and enforcing the attendance of any person from any part of India and examining him on oath.

b)Requiring the discovery and production of any document.

c)Receiving evidence on affidavit.

d)Requisitioning any public record or copy thereof from any court or office.

e)Issuing commissions for the examination of witnesses and documents.

Is it a powerful body? — has the powers of a Civil Court (CPC, 1908) | can make Suo Motu inquiry 

Advisory Body only

Why is National Commission For Minorities (NCM) still relevant? 

While the NCM’s recommendations are often ignored, the Centre is required to present its reports, along with an action taken report, to Parliament.

In cases involving states, the NCM is obliged to advise or act in some way.

Also in the current atmosphere of insecurity among many sections of the minority population, NCM provides a platform for articulation of their grievances.