Delhi HC rejects PIL seeking NCM chief from non-Muslim, Sikh communities

The Delhi High Court on Wednesday refused to entertain a plea seeking the appointment of members of minority communities other than Muslims and Sikhs as chairperson of the National Commission for Minorities (NCM).

The petition claimed that the chairperson of NCM has been appointed from two minority communities –Muslims and Sikhs – since the commission was established in 1978. Of the 16 chairpersons appointed so far, 14 were Muslims and two Sikhs.

It added that members of other minority communities, such as Christians, Buddhists, Zoroastrians, and Jains, have not been represented as chairperson.

A Bench of Chief Justice D.K. Upadhyay and Justice Tushar Rao Gedela said the petitioner, Salek Chand Jain, could approach the government with his plea.

The court observed that the National Commission for Minorities Act mandates the inclusion of members from minority communities in the commission, but does not require the appointment of a chairperson from any specific community.

“Section 3 of the act only provided that the commission shall consist of a chairperson, vice chairperson, and five members. The act does not provide that the commission shall comprise all the members belonging to minority communities,” the court said.

“The only provision is that five members, including the chairperson, shall be among the minority communities. The provision does not provide that the members or the chairperson shall be from a particular minority community,” it added.

The petitioner said he submitted several applications for the nomination of a chairperson from the Jain minority community, but “no fruitful result came forward in the last two years”.