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2022 Supreme(SC) 1742
SUPREME COURT OF INDIA
SANJAY KISHAN KAUL, M.M. SUNDRESH, JJ.
ASHWINI KUMAR UPADHYAY - PETITIONER(S)
VERSUS
UNION OF INDIA & ORS. - RESPONDENT(S)
WRIT PETITION(S)(CIVIL) NO.836 OF 2020
Decided On : 10-05-2022
Advocate Appeared:
For the Petitioner:Mr. C.S. Vaidyanathan, Sr. Adv., Mr. Ashwini Kumar Upadhyay, Petitioner-in-person, Mr. Kapish Seth, Adv., Mr. Aniruddh Singh, Adv., Ms. Deepika Kalia, Adv., Mr. Ashwani Kumar Dubey, AOR
For the Respondent: Mr. Tushar Mehta, SG, Ms. Kanu Agrawal, Adv., Mr. Chinmayee Chandra, Adv., Mr. Sourav Roy, Adv., Mr. Amrish Kumar, AOR, Mr. Raj Bahadur Yadav, AOR, Ms. Neha T. Phookan, Adv., Mr. R. B. Phookan, Adv., Mr. Gautam Talukdar, AOR, Mr. Nishanth Patil, AOR, Mr. Prakhar Srivastava, Adv.
Concurrent powers of Parliament and State Legislature in protecting minority interests and exclusive power of Central Government to notify minorities.
Headnote:
Minority Communities - Legislative Power - The court discussed the concurrent powers of the Parliament and State Legislature to enact laws for the protection of minority communities and their interests, and the exclusive power of the Central Government to notify minorities.
Fact of the Case:
The petitioner raised the question of whether the Parliament or the State Legislature has the exclusive power to legislate on matters pertaining to minority communities and to protect their interest in accordance with the constitutional guarantees.
Finding of the Court:
The court found that the Parliament and the State Legislature have concurrent powers to enact laws for the protection of minorities and their interests. It also noted the exclusive power of the Central Government to notify minorities.
Issues: The issues involved were the legislative powers of the Parliament and State Legislature in protecting minority interests and the power of the Central Government to notify minorities.
Ratio Decidendi: The court's decision was influenced by the interpretation of the constitutional guarantees and the recognition of concurrent powers of the Parliament and State Legislature, as well as the exclusive power of the Central Government to notify minorities.
Final Decision: The court directed the Central Government to undertake the necessary exercise and listed the case for further directions. It also dismissed intervention/impeachment applications with liberty for the concerned organizations to make representations to the authorities.
ORDER :
1. The petitioner points out by reference to counter affidavit filed on 28.3.2022 more specifically paragraph 11 that while referring to religious and linguistic minorities spread all over the Country it has been stated that a religious group that is majority in one State may be in minority in another State. The question which was posed was whether the Parliament or the State Legislature has the exclusive power to legislate on matters pertaining to minority communities and to protect their interest in accordance with the constitutional guarantees. In this behalf it is stated that the Parliament and the State Legislature have concurrent powers to enact law to provide for the protection of minorities and their interests.
2. On the other hand the petitioner contends that the State would have no such power and also relies upon the judgment of Allahabad High Court in Civil Misc. Writ Petition No.34892 of 2004 titled “Committee of Management, Anjuman Madarsa Noorul Islam Dehra Kalan Ghazipur through its Manager Vs. State of U.P. through Secretary Minority Welfare and Waqf Department U.P. Lucknow” dated 05.4.2007.
3. Another counter affidavit has been filed now by respondent No.3 which seems to back out of what was stated earlier, something we do not appreciate. It is now sought to be stated that the question involved in this writ petition has far reaching ramifications throughout the Country and therefore any stand taken without detailed deliberations with stakeholders may result in unintended complications throughout the Country. We would only say that stand has already been taken in the first affidavit but as in paragraph 7 of this fresh affidavit it is now stated that the power is vested with the Central Government to notify minorities, something which the petitioner has contended, issues raised will be finalized after having a wide consultation with the State Governments and other stakeholders.
4. The aforesaid being the position, the necessary exercise be undertaken by the Central Government as proposed.
5. List for further directions on 30th August, 2022.
6. Status report to be filed at least 3 days before the next date.
I.A. No.68559/2022 & IA No. 68551/2022- INTERVENTION/IMPLEADMENT
7. These applications are filed by socio, religious and cultural organization “Sein Raij”, and “Seng Khasi” a Society registered under the Societies Registration Act. It appears that these organisations have something to say about the position of minorities in Meghalaya. That being the position, they may make necessary representations to the concerned authorities for consideration and we would not like to expand the scope of the present petition by inviting one and all into these proceedings.
8. Applications stand dismissed with the aforesaid liberty.
