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Supreme Court Of India

(From : Bombay)*

Hon'ble Judge(s): R. C. Lahoti, D. M. Dharmadhikari, P. K. Balasubramanyan , JJJ

(A) Constitution of India , Art.29, Art.30— Minority - Constitutional concept - Signifies identifiable group of people of community deserving protection from likely deprivation of their religious, cultural and educational rights. The expression 'minority' has been used in Arts. 29 and 30 of the Constitution but it has nowhere been defined. The Preamble of the Constitution proclaims to guarantee every citizen 'liberty of thought, expression, belief, faith and worship'. Group of Arts. 25 to 30 guarantee protection of religious, cultural and educational rights to both majority and minority communities. It appears that keeping a view the constitutional guarantees for protection of cultural, educational and religious rights of all citizens, it was not felt necessary to define 'minority'. Minority as understood from constitutional scheme signifies an identifiable group of people or community who were seen deserving protection from likely deprivation of their religious, cultural and educational rights by other communities who happen to be in majority and likely to gain political power in a democratic form of Govt. based on election.(Para 10) (B) National Commission for Minorities Act (19 of 1992) , S.9, S.2(c)— Minority community - Identification - Not function of Minority Commission - Rec....