National Commission for Minority

What is National Commission for Minorities?

In India, the National Commission for Minorities (NCM) (official website) is essential to protecting the rights and welfare of minority groups. It keeps an eye on how minority policies and programmes are being implemented, reporting back to the government on any required adjustments. The NCM uses its legal authority to call witnesses and obtain records in order to look into and learn more about accusations of discrimination and violations of minority rights. The Commission also suggests strategies for minorities' welfare, with an emphasis on economic and educational growth, including jobs and scholarships, and advises the Central Government on matters pertaining to minority policy. To guarantee a cohesive response to minority concerns, the NCM collaborates with a range of governmental entities and organisations representing minorities. It serves as a liaison, encouraging communication between minority populations and the government. In order to resolve complaints, the Commission regularly requests reports from pertinent authorities and offers suggestions for correction. These responsibilities help the NCM safeguard and advance the rights of minorities, advancing the social and economic advancement of these areas.​

Official Definition of National Commission for Minorities

Under the National Commission for Minorities Act of 1992, the Union Government established the National Commission for Minorities (NCM). The Union Government first designated five religious minorities as minority communities: Muslims, Christians, Sikhs, Buddhists, and Zoroastrians (Parsis). Jains were also classified as another minority community by a notice dated January 27, 2014.

State governments established State Minorities Commissions in their various state capitals, while the Union government established the National Commission for Minorities in New Delhi. These groups were established to uphold the rights of minorities as stipulated by the Indian Constitution as well as laws passed by the State Legislatures and the Parliament.

Members of minority communities who are offended can file a complaint with the relevant State Minorities Commission. Additionally, if they have used every other formal avenue for redress, they may submit their complaints to the National Commission for Minorities.

Composition

The five members of NCM, in addition to the Chair and Vice-Chairperson, must all be members of minority communities. The Central Government will designate a total of seven people, all of whom must be distinguished, capable, and honest. After taking office on the day of assumption, each member is in office for a term of three years.

Regional Variation

The state minority commissions of Bihar, Karnataka, Kerala, Jharkhand, Rajasthan, Uttarakhand, and Delhi exhibit diversity in their composition, powers, and functions. Comprising chairpersons and members appointed by the respective state governments, these commissions represent various minority communities within their jurisdictions. While some, like Bihar and Kerala, may possess quasi-judicial powers, others, such as Karnataka and Delhi, may or may not, depending on statutory provisions or notifications. Appointment processes and the number of members vary according to state laws. Their social welfare functions typically encompass promoting the educational, economic, and social development of minority groups and addressing grievances. Whether they wield the power of a civil court differs, contingent upon enabling legislation or subsequent notifications. These variations underscore the distinct legal frameworks and socio-political landscapes shaping the roles and powers of state minority commissions across these regions.

Power of National Commission for Minorities

On May 17, 1993, the National Commission for Minorities (NCM) was established as an independent statutory organisation under the National Commission for Minorities Act, 1992. Parliamentary legislation supersedes any conflicting practices. The following are the key aspects of the Act's description of the NCM's authority:

Administrative Autonomy

The Commission is able to control its own processes, including holding meetings, making decisions and directives, and handling all procedural issues, according to Section 8(2) of the Act. Furthermore, Section 5(1) states that officials and staff provided by the government are to support the Commission in its duties without directing or limiting it.

Financial Autonomy

The Act grants the Commission financial independence. While Section 10(2) gives the Commission the authority to use these funds however it sees fit, free from any restrictions imposed by the Act or statutory rules, Section 10(1) requires the government to pay grants to the Commission for the objectives specified in the Act.

Judicial Powers

In carrying out the specific tasks listed in Section 9(4) of the Act, the NCM is granted judicial powers similar to those of a civil court. These responsibilities include assessing the state of minority growth, keeping an eye on legal protections, and responding to grievances over abuses of minority rights. Clauses (a) to (h) of Section 9(4) give the Commission the power to call people in, demand affidavits, seek documents, and undertake investigations.

Public Servant Status

The Chairperson, Members, Officers, and Staff of the Commission, functioning under its authority, are deemed public servants under Section 21 of the Indian Penal Code, in accordance with Section 14 of the Act. This implies that anyone who gives false information, disobeys or ignores the Commission's orders and decisions, or obstructs its legitimate operations may be held accountable for contempt of the lawful authority of public servants, as defined by Sections 172–190 of Chapter X of the Indian Penal Code.

All in all, the NCM has judicial authority to hear cases involving minority rights, financial independence to oversee its finances, administrative autonomy to control its operations, and public servant status for its employees and members, which entails rights and obligations under the law.

Appearance in Official Database

Complaints Statistics

Complaint statistics under the National Commission for Minorities are obtained through systematic data collection from lodged complaints via online submissions, emails, and written applications. Provisions ensure accurate tracking and transparency. These statistics help identify trends, inform policy decisions, and are periodically published on the commission's website for public access.

Community Wise Complaints

Accessible at - https://ncm.nic.in/homepage/complaints_yearly.php (accessed at 15 June, 2024)

Subject Wise Complaints

Complaint management system

The Complaint Management System under the National Commission for Minorities addresses discrimination and rights violations through accessible submission, tracking, and resolution methods. Provisions ensure confidentiality and prompt action. Complaints can be lodged online via the commission's website, by email, or through a written application to the commission's office.