Issues and Constitutional Safeguards of Muslim Minorities in India: Special Reference to Minorities of Kollegal

Abstract

Being the second-largest country in terms of population, India is a assembly of various religious communities. The Supreme Court has clarified that minority status is determined at the state level, not nationally, and the term refers to a non-dominant group numerically less than 50% within that state. According to 2011 Census Report Hindus cover nearly 80% of India's total population, with an estimated 172. 2 million Muslims, 27. 8 million Christians, 20. 8 million Sikhs, 4. 5 million Jains, etc. The controversial term “minority” or “minorities” is used in the Constitution in some articles like Article 29, Article 30, Article 350(A), and 350(B) but a concrete definition is not given in the Constitution. The Union government, under the National Commission on Minorities Act 1992 has recognized 6 minority communities that is Muslims, Christians, Sikhs, Buddhists, Parsis, and Jains. (Jains were added later in 2014). Currently, only those communities notified under section 2(c) of the NCM (National Commission for Minorities) Act, 1992, by the central government are regarded as minorities. Despite the Supreme Court's 11-judge bench judgment in the T. M. A Pai case, which clearly determined that linguistic and religious minorities must be identified at the state level rather than at the national level, Section 2(c) of the National Commission for Minorities (NCM) Act 1992 gave the Centre “unbridled power” to inform minorities. In 1992, with the enactment of the NCM Act, 1992, the MC became a statutory body and was renamed the NCM. In 1993, the first Statutory National Commission was set up and five religious communities viz. The Muslims, Christians, Sikhs, Buddhists, and Zoroastrians i. e, Parsis were notified as minority communities. In 2014, Jains were also notified as a minority community.