The Delhi High Court on Wednesday declined to issue directions on a plea demanding fair representation for minority communities other than Muslims and Sikhs in the post of Chairperson of the National Commission for Minorities (NCM). The petition, Sri Salek Chand Jain v Union of India & Ors, had sought a mandate ensuring rotational appointments from all recognized minority groups, including Christians, Buddhists, Jains, and Zoroastrians.
A Division Bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela, however, noted that the issue was best addressed by the Central government rather than through judicial intervention.
“This petition is disposed of with liberty to the petitioner to approach the Central government. If such a representation is made, it shall be duly considered and an appropriate decision taken,” the Court observed.
Petitioner Salek Chand Jain’s counsel argued that since the formation of the Commission, 14 out of 16 Chairpersons have been from the Muslim community and two from the Sikh community, leaving out other minorities entirely. The plea contended that such a trend undermines the spirit of equal representation envisaged under the National Commission for Minorities Act, 1992.
However, the Bench clarified that the law itself does not mandate proportional representation from all minority communities. “Section 3 of the Act only requires that five members, including the Chairperson, belong to minority communities. It does not specify that each recognized minority must necessarily have representation,” the Court noted.
With these observations, the PIL was disposed of, leaving the door open for the petitioner to formally take up the matter with the Centre.
