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Citizen’s Association for Democracy , Equality, Tranquility and Secularism (Cadets) v. Union of India

  • Order

National Commission for Minorities Act, 1992 – National Commission for Minority Educational Institutions Act, 2004 there is no power vested with the Central Government to redetermine the minority status under the provisions of either Act, 1992 or Act, 2004.

Constitution of India – Merely because in the definition or interpretation clause of the Constitution the term ‘minority’ is not included and defined, that will not, in any way, create a fetter to the duties and obligations of the Government of India to protect the interests of the minorities.

Constitution of India – Merely because rich individuals are there in the community, who are able to afford very luxurious living conditions, that would not stand in the way of the Commission ascertaining the minority status of the communities as such.

Constitution of India – Merely because there are a few people who are rich in the minority communities, one cannot be expected to understand that their richness is due to them belonging to minority communities and further merely for that factor, it cannot be taken for granted that the entire members of the minority communities are economically and socially advanced.

State Commission for Minorities Act, 2014 (Kerala) the term ‘minority’ is defined under the Act, 2014 to mean a community notified by the Central Government under the National Commission for Minorities Act, 1992.

Citations : 2021 (4) KCC 180