All Petitions Filed Against Minority Law Should Be Transferred To SC
All petitions filed in the High Court against the Minority Law should be transferred to the Supreme Court.
The Supreme Court has been appealed to take petitions filed in various High Courts challenging the validity of Section 2 (c) of the National Minorities Commission (NCM) Act, 1992.
A petition has been filed in this regard and the apex court has been requested to give necessary instructions.
Conflicting view on interpretation of Articles 29 and 30 of the Constitution
Senior advocate Ashwani Kumar Upadhyay filed the petition on Friday through advocate Ashwani Kumar Dubey. Upadhyay has stated that he has filed this to avoid a conflicting view on the interpretation of Articles 29 and 30 of the Constitution and a plurality of lawsuits.
Both these articles provide protection to the interests and rights of minorities in the establishment and administration of educational institutions.
Minority community is the same as notified by the central government
Several petitions against the section of NCM Act have been filed in various High Courts of the country including Delhi, Guwahati and Meghalaya.
Section 2 (c) of the NCM Act, 1992 states that the minority community under this law is the same as notified by the Central Government.
The Supreme Court is the protector of the Constitution and the protector of fundamental rights.
Upadhyay has stated in his petition that the Supreme Court is the protector of the Constitution and the protector of fundamental rights and therefore it should direct the Union Ministry of Home Affairs to identify and notify religious and linguistic minorities at the state level in line with the spirit of the Constitution.
In many states, the majority are benefiting from not declaring Hindus as minorities.
He also said that Hindus have not been declared a minority in many states, due to which their minority rights are being taken advantage of by the majority population. Hindus living in these states are not getting the benefit and protection of the rights of minorities given in Articles 29 and 30.
