New Delhi: The Center on Tuesday told the Supreme Court that it has held consultative meetings with all state governments, Union Territories and other stakeholders on the issue of minority recognition at the state level and so far 14 states have submitted their views. Presented.
It said comments were not received from the remaining 19 states and Union Territories and since the matter was of “sensitive nature” and would have “far-reaching implications”, they had to finalize their views. Some more time should be given.
A bench of Justice SK Kaul and Justice AS Oka gave the Center six weeks to place its stand on record in the matter.
The Supreme Court studied the status report filed by the Ministry of Minority Affairs, which said that some states and Union Territories have sought wider consultation with all stakeholders before forming their views on the matter. Additional time has been requested.
The status report said that 14 states and three union territories have submitted their comments.
The apex court was hearing the petitions, including one filed by advocate Ashwini Kumar Upadhyay, seeking directions to formulate guidelines for the recognition of minorities at the state level, arguing that While Hindus are in minority in 10 states.
During the hearing, Upadhyay told the bench that he had challenged the validity of Section 2(f) of the National Commission for Minority Educational Institutions Act, 2004.
Section 2(f) of the Act, which empowers the Center to identify and notify minority communities in India, is “manifestly arbitrary, unreasonable and vexatious”, alleged in their petition. That it gives unbridled power to the center.
Additional Solicitor General KM Nataraj, appearing for the Centre, said the ministry had submitted a status report on October 31.
“You have said that 14 states have commented,” the bench said.
He observed that these issues need to be considered and cannot be decided suddenly.
Upadhyay cited the Allahabad High Court’s 2007 judgment seeking to set aside the May 2004 order in which the state of Uttar Pradesh had recognized 67 madrassas for grant-in-aid.
He said that the 2007 High Court decision was not challenged.
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