LexBAL PATIL AND ANR. versus UNION OF INDIA AND ORS.
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BAL PATIL AND ANR. A V. UNION OF INDIA AND ORS. AUGUST 8, 2005 [R.C. LAHOTI, CJ., D.M. DHARMADHIKARI AND PK. B BALASUBRAMANY AN, JJ.) National Commission for Minorities Act, 1992-Section 2(c) and 9- Jain Co1nmunity-Reconunendation by Minority Commission to Ce111ral Governn1entfor declaration as n1inoritycommunity-1¥rit Petition--Disposal C of by High Court on the ground that issue regarding status of minority pending before Constitution Bench in Supreme Court-Appeal-Constitution Bench decided that n1inorities to be considered statewise-Stand of Central Governmen-' that it was for the State Government to decide the status of the comnzunity-Held: Po1ver u1's. 2(c) vest in Central Governn1ent which on its 01vn assessment is to deter1nine the n1inority status of a co1nn1unity- D Con1n1ission not having power to identify its notification and recommendation has no binding effect-Identification has to be done on State basis- However, the determination has to be by considering social, cultural and religious conditions of the Cornn;unity-Numerical minority cannot be sole criteria-Constitution of India-Article 25, 26, 27, 28, 29 and 30. E Minority Commission-Functions-Scope and nature of-Held : The Con1n1ission should act in a n1anner so as to maintain integrity and unity of the nation by gradually eliminating the minority and majority classes .. National Minority Commission made recommendations in favour of 'Jain' Community. Appellant-Organisation filed Writ Petition seeking issuance of direction to the Central Government to notify 'Jains' as a minority community u/s. 2(c) of the National Commission for Minorities Act, 1992. High Court disposed of the petition on the ground that the claim of various communities to the status of minority for the purpose of seeking constitutional protection was one of the main issues pending before Supreme Court in TMA Pai case, Hence the present appeal. In TMA F G Pai case it was held that religious and linguistic minorities had to be considered Statewise and not countrywise. After the decision Central Government took the stand that in view of the decision it was for the State Government to decide as to whether Jain Community should be treated H 459 460 SUPREME COURT REPORTS (2005) SUPP. 2 S.C.R. A as a minority community in the respective States. B Disposing of the appeal, the Court HELD : 1.1. In view of the general functions of the Commission enumerated under section 9 of National Commission for Minorities Act, 1992 which are only illustrative and not exhaustive, the Commission cannot be said to have transgressed its authority in entertaining representation, demands and counter-demands of members of Jain community for the status of 'minority' Keeping in view the provisions of the Act, the recommendation made by the Commission in favour of the C Jains is in the nature of advice and can have no binding effect. The power under section 2(c) of the Act vests in the Central Government which alone, on its own assessment, has to accept or reject the claim of status of minority by a community. (465-D-E) 1.2. After the verdict in TMA Pai Foundation case, the legal position D stands clarified that henceforth the unit for determining status of both linguistic and religious minorities would be 'state'. Henceforth, before the Central Government takes decision on claims of Jains as a 'minority' under Section 2(c) of the Act, the identification has to be done on a state- wise basis. The power of Central Government has to be exercised not E merely on the advice and recommendation of the Commission but on consideration of the social, cultural and religious conditions of the Jain community in each State. Statistical data produced to show that a community is numerically a minority cannot be the sole criterion. The provisions contained in the group of Article 25 to 30 is a protective F G H umbrella against the possible. deprivations offundamental right ofreligious freedoms of religious and linguistic minorities. (465-F-G; 466-D-F) 2. Commissions set up for minorities have to direct their activities to maintain integrity and unity of India by gradually eliminating the minority and majority classes. If, only on the basis of a different religious thought or less numerical strength or lack of health, wealth, education, power or social rights, a claim of a section of Indian society to the status of 'minority' is considered and conceded,
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