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The Ministry of Minority Affairs of the central government, in an affidavit filed before the Supreme Court, asserted that state governments have the power to identify any religious or linguistic community, including Hindus, as a "minority community" within the "said state", news agency PTI reported.
The petitioner had also challenged the validity of the Section 2(f) of the National Commission for Minority Education Institution Act, 2004 (NCMEI Act) which grants powers to the Centre to identify minority communities in India.
Section 2(f) of the NCMEI Act empowers the Centre to identify and notify minority communities in India. Upadhyay alleged that the Section gives unbridled power to the Centre and termed it "manifestly arbitrary, irrational, and offending".
The petitioner, resuming their submission, indicated that the followers of Judaism, Buddhaism, and Hinduism, who are “real minorities” in states like Ladakh, Mizoram, Lakshadweep, Kashmir, Nagaland, Meghalaya, Arunachal Pradesh, Punjab, and Manipur cannot establish and administer educational institutions of their choice.
The Supreme Court in its 2002 TMA Pai case, had said that in accordance with Article 30 of the Constitution, which deals with the rights of minorities to establish and administer educational institutions, minority communities have to be considered state-wise.
The affidavit stated that schemes reserved for the disadvantaged, underprivileged children or candidates of minority communities “cannot be faulted with.”
The Centre also told the top court that if states alone had the power to enact laws on the status of minorities, then “Parliament will be denuded of its power” on the issue and that would be incongruous with the constitution.
(With inputs from PTI, Indian Express.)
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