Lawstreet Journal

National Commission for Minorities Act Challenged By Guru Devkinandan Thakur In SC

Lawstreet Journal 4 Jun 2022 10:36pm

Image courtesy: Lawstreet Journal Judiciary National Commission for Minorities Act Challenged By Guru Devkinandan Thakur In SC

A Public Interest Litigation (PIL) has been filed in the Supreme Court by Dharma Guru Devkinandan Thakur Ji to challenge the validity of Section 2(c) of the National Commission for Minorities (NCM) Act 1992 for not only giving unbridled power to the Centre but also being manifestly arbitrary, irrational and offending Articles 14, 15, 21, 29 and 30 of the Constitution of India. 

The PIL has been filed through Advocate-on-Record Ashutosh Dubey on behalf of the petitioner. The Ministries of Home Affairs, Law & Justice (Legislative Department) and Minority Affairs have been made respondents in the said petition.

The facts constituting cause of action accrued on 17.05.1992  when the Act came into effect and by using unbridled power under S. 2 ( c ), Centre arbitrarily notified 5 communities viz. Muslims, Christians, Sikhs, Buddhists and Parsee as minority at national level against the spirit of TMA Pai ruling. Cause of action continues till date because followers of Judaism, Bahaism & Hinduism; who are real minorities in Ladakh, Mizoram, Lakshadweep, Kashmir, Nagaland, Meghalaya, Arunachal Pradesh, Punjab, Manipur, cannot establish & administer educational institutions of their choice because of non of ‘minority’ at State level, thus identification jeopardizing their basic rights guaranteed under Article 2930. Their right under Articles 2930 is being siphoned off illegally to the majority community in the State because Centre has not notified them ‘minority’ under NCM Act. Followers of Judaism, Bah aism & Hinduism are being deprived of their basic rights to establish & administer educational… Continue Reading...

Tagged: Guru Devkinandan Thakur   Minorities   National Commission for Minorities Act 1992   Section 2(c)   Constitution of India   Article 14   Article 15   AOR Ashutosh Dubey   Article 21   Article 29   Article 30  
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