India is known worldwide for its philosophy of ‘Unity in diversity’. The unique form of Secularism provided in our Constitution, raises the need for protection and development of all sections of the society. In order to fulfil this mandate, the National Commission for Minorities (NCM) has been constituted to promote the interests of minority communities in India.

Genesis of National Commission for Minorities

• Resolution of Ministry of Home Affairs: The idea of establishing a Commission for Minorities was initially proposed in a resolution by the Ministry of Home Affairs in 1978.
• Under the Ministry of Welfare: In 1984, the Commission for Minorities was detached from the Ministry of Home Affairs and placed under a newly formed Ministry of Welfare. In 1988, the Ministry of Welfare excluded linguistic minorities from the Commission’s jurisdiction.
• Statutory status to the Commission: The Commission for Minorities was granted statutory status under the National Commission for Minorities (NCM) Act, 1992. The body was renamed the National Commission for Minorities, with the Ministry of Minority Affairs serving as the focal ministry..
• The First National Commission for Minorities was established on May 17, 1993. Five religious Communities viz; Muslims, Christians, Sikhs, Buddhist and Zoroastrians were notified as Minority Communities under the Statute. In 2014, Jains were also notified as Minority Community.

Appointment and Composition of National Commission for Minorities

The Chairperson and members of the Commission are appointed by the Central Government. The Commission is a multi-member organization comprised of:

• A Chairperson
• A Vice-chairperson and
• 5 other members.

All the 7 members appointed should be from amongst the persons of eminence, integrity and ability. According to the NCM Act, 5 members including the Chairperson should be from minority communities.

Tenure and removal of members of National Commission for Minorities

The Chairperson and every member of the Commission hold office for the period of three years from the date of assuming office.

Removal of National Commission for Minorities

The Chairperson or any other member of the Commission can be removed by the Central Government on following grounds:

• He/she is an undischarged insolvent.
• He/she gets convicted and sentenced to imprisonment for an offence which in the opinion of the Central Government involves moral turpitude.
• He/she is of unsound mind and body declared by a competent Court. 
• He/she refuses to act or become incapable of acting.
• He/she without obtaining leave from Commission, remains absent for three consecutive meetings.
• He/she has so abused the position provided to him/her that his/her continuance to the office is detrimental to the interests of the minorities.

Functions and powers of National Commission for Minorities

 To uphold the interests of the minorities, following functions are performed by NCM:

• Evaluation and monitoring: The Commission evaluates the progress of the measures taken by Union and States for the development of Minorities. It also oversees the effectiveness of protections for minorities as outlined in the Constitution and laws of the country.
• Recommendatory functions: The National Commission for Minorities provides recommendations to ensure the effective realization of protections for minority interests. 

It proposes specific measures concerning minorities to both Central and State Governments..

• Looking into Complaints: The NCM is required to look into specific complaints regarding deprivation or violation of the rights provided to the minorities and demand action from the concerned authorities.
• Studies and Research by the Commission: The Commission engages in studies, research, and analysis regarding the socio-economic and educational progress of minorities.
• Powers of a civil court: While investigating a matter, Commission have all the powers of a civil court in following manner:

1. The Commission can summon and enforce the attendance of any person from any part of India.
2. The Commission has the authority to request any evidence, documents, and public records from courts or public offices.
3. The Commission can ask any person to give oral or written evidence.

Report of National Commission for Minorities

The NCM submits an annual report to the Central Government. The Central Government places such a report before the Parliament along with a memorandum of action taken and reasons for non-acceptance of any recommendation.

Challenges to the functioning of National Commission for Minorities

A former chairperson of NCM criticised the Commission as a toothless tiger and Sarkari puppet due to following lacunas in its functioning:

• Irregularities in the appointment: The members of the NCM are not being appointed in a timely manner by the Central Government. E.g. In 2017, all seven posts remained vacant for a few months. Even during the pandemic, the Commission faced irregularity in appointments. Such delay in appointment hampers its functioning.
• Lack of transparency in appointment: the members of the Commission are appointed in an opaque manner. There is no specific qualification provided for the appointment of the Chairperson and the members of the Commission. This provides discretion to the Government in appointment, which affects the autonomy of the Commission.
• Lack of powers: The Commission is provided with only recommendatory functions. It lacks powers to investigate complaints regarding violation of minority rights. It is not provided with powers to take suo-moto actions. Unlike other Commissions like NCPCR or NCW, the Commission is not provided with powers to visit any detention centres or jails to monitor the conditions of persons belonging to minorities. 
• Lack of political will: A standing Committee on social justice and empowerment highlighted the issue of lack of adequate powers and asked for providing more powers to the Commission way back in 2004. However, no steps have been taken since then to strengthen the Commission. This shows lack of political will from the Central Government to provide more powers to the Commission.
• No discussion on Reports: Under NCM Act, 1992 the annual report submitted by the Commission should be laid down in the Parliament by the Central Government. However, according to official data, the annual reports of the Commission have not been laid timely. 
• Overlapping jurisdiction: The scope and jurisdiction of the Commission gets overlapped with other statutory and constitutional  bodies. E.g. The functioning of the Commissioner for linguistic minorities sometimes overlaps with the Commission which is restricted to religious minorities only.
• Administrative and financial challenges: the functioning of the NCM is largely dependent on the machinery provided by the Central Government. The budgetary allocations to the Commission are also unsatisfactory. Hence, due to such challenges, the Commission is unable to fulfil its mandate effectively.

Way ahead

• Constitutional Status to the Commission: Some experts suggest that Constitutional status should be given to the Commission. It will ensure more independence and autonomy in functioning of the Commission. The Commission will also work in synergy with the provisions enshrined in the Constitution for minorities.
• More powers to the Commission: Crimes against minorities are increasing rapidly in the Country. Hence, providing more powers to the Commission to take Suo-moto actions, to carry out inquiries and investigations etc. is the need of the hour. This requires political will on the behalf of the Government.
• Appointment procedure: There is the need to reform the appointment procedure of the Commission so that the members are appointed in a transparent manner. The Government should ensure that the appointments are made in a regular and timely manner.
• Reforms in the Commission: The Commission is required to invest more in technological advancements like e-hearing to dispose of complaints in a timely manner. Other than this, the Commission should develop an efficient grievance redressal mechanism to improve its functioning.
• Proactive role of the Commission: The NCM in its annual report 2018-19 highlighted that many people from minority communities lack awareness about their constitutional and legal rights. Therefore, the Commission along with civil society organisations need to play a proactive role to make people aware of the provisions provided to safeguard their interests.

Conclusion

The social fabric of India is interwoven with a common thread of unity and communal harmony. However, with rising incidents of communal riots, mob lynching etc., this very foundation of our multi-cultural society is facing crisis. Therefore, the Commission should realise its crucial role and take necessary steps to serve as the protector and a beacon of minority rights in India.