The Delhi High Court on Friday directed the Centre to file a more detailed affidavit clarifying the status and timeline of appointments to the National Commission for Minorities, which has remained defunct since April 2023 due to vacancies in all key positions.
The Delhi High Court on Friday criticised the Centre for filing a vague affidavit regarding the prolonged vacancies in the National Commission for Minorities (NCM), and directed it to submit a “better affidavit” within two weeks, detailing the stages of the appointment process and a firm timeline for its conclusion.
A bench of Chief Justice D K Upadhyaya and Justice Tejas Karia remarked that the status report filed by the Ministry of Minority Affairs was “absolutely bald and vague.”
“It does not say as to when the ministry initiated the process of appointment and what all are the different stages of the process and after initiation of the said process, it has progressed to what extent,” the court observed.
The bench directed the Centre to file a fresh affidavit with comprehensive information, including a timeline for enforcement of appointments to the commission, and posted the matter for next hearing on February 27.
The court was hearing a public interest litigation (PIL) filed by Mujahid Nafees, who described himself as the convenor of the Minority Coordination Committee. He had moved the court alleging that the NCM had remained headless and non-functional since April 2023, as the Union government had failed to appoint a chairperson, vice-chairperson, or any of the five members.
Nafees alleged a “complete and systematic incapacitation” of the commission, calling it an outcome of the government’s “abject failure” to fulfil its statutory obligation.
“This executive dereliction has rendered a vital statutory body, created by an Act of Parliament for the protection and welfare of India’s notified minority communities, entirely defunct and headless,” the plea submitted.
On January 30, the court had already expressed concern over the prolonged vacancies, reiterating that the NCM, being a statutory body under the National Commission for Minorities Act, cannot be left without members.
The petitioner has sought court directions to the Ministry of Minority Affairs to immediately begin and complete the appointment process for the NCM in a transparent and time-bound manner, preferably within four weeks from the court’s order.
The matter will now be heard on February 27, when the Centre is expected to produce a detailed and time-bound plan of action.
