$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 15889/2025 & CM APPL. 64986/2025 MUJAHID NAFEES .....Petitioner Through: Ms. Deeksha Dwivedi, Advs.

versus UNION OF INDIA .....Respondent Through: Ms. Radhika Bishwajit Dubey, CGSC with Ms. Gurleen Kaur Waraich and Mr. Kritarth Upadhyay, Advs.

CORAM:

HON’BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE TEJAS KARIA

O R D E R

% 30.01.2026

1. This petition was instituted in the month of October, 2025 with the prayer for issuing a direction to the concerned Ministry of the Union of India to complete the process of appointing/ nominating the Chairperson, Vice Chairperson and five Members of the National Commission for Minorities which is a statutory Commission constituted under the National Commission for Minorities Act, 1992.

2. We have been informed that the term of Office of the three Members of the Commission had expired in December, 2024 and the term of the Vice- Chairperson ended in November, 2024. We have further been informed that even the Chairperson of the Commission has completed his term on 12.04.2025. Considering the long-standing vacancies in the Commission, the Court, while entertaining the writ petition required the learned counsel for the respondent to seek instructions.

3. Learned counsel representing the respondent, on instructions, states that the process of nomination of the Chairperson, Vice Chairperson and the Members of the Commission has been initiated and the same is likely to be concluded soon.

4. The Commission, as observed above, is a statutory Commission and performs certain important functions concerning the development of minorities and is also entrusted with the task of monitoring the working of safeguards provided in the Constitution and in the laws enacted by the Parliament and the State Legislature to minorities. It is also entrusted with the task of looking into the specific complaints regarding deprivation of rights and safeguards of the minorities and taking up such matters with the appropriate authorities. Section 9(1) of the Act which enlists the functions to be discharged by the Commission is as under:

“9. Functions of the Commission.-(1) The Commission shall perform all or any of the following functions, namely:-

(a) evaluate the progress of the development of minorities under the Union and States;

(b) monitor the working of the safeguards provided in the Constitution and in laws enacted by Parliament and the State Legislatures;

(c) make recommendations for the effective implementation of safeguards for the protection of the interests of minorities by the Central Government or the State Governments;

(d) look into specific complaints regarding deprivation of rights and safeguards of the minorities and take up such matters with the appropriate authorities;

(e) cause studies to be undertaken into problems arising out of any discrimination against minorities and recommend measures for their removal;

(f) conduct studies, research and analysis on the issues relating to socio-economic and educational development of minorities;

(g) suggest appropriate measures in respect of any minority to be undertaken by the Central Government or the State Governments;

(h) make periodical or special reports to the Central Government on any matter pertaining to minorities and in particular difficulties confronted by them; and (i) any other matter which may be referred to it by the Central Government.”

5. It is a matter of concern that on account of vacancy of the Chairperson, Vice Chairperson and the Members, the Commission appears to be non-functional. The vacancies in the Commission have been existing since long and it was expected of the authorities concerned to have completed the process of nomination so that the Commission could become functional.

6. In light of the aforesaid, we call upon the respondent to file an affidavit giving the details of the steps taken for filling up the vacancies in the Commission and the time which is likely to be taken to complete the said process.