Saloni
Asked August 27, 2013

Legal Force: Recommendation of National Minorities Commission

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To what extent are the opinions and recommendations of the National Minorities Commission binding? What is the background behind the commission and why was it accorded a statutory status?

Answers 2

The opinions and recommendations of the National Minorities Commission are recommendatory in nature and not binding at all. In the following paragraph the procedure is explained to be followed once the commission has given its recommendations in a report.

The Central Government shall cause the recommendations to be laid before each House of Parliament along with a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the Union and the reasons for the non-acceptance, if any, of any of such recommendations.

Where any recommendation or any part thereof is such that any State Government is concerned, Commission shall forward it to that State Government who shall cause it to be laid before the Legislature along with a memorandum explaining the action taken or proposed to be taken or the recommendations relating to the State and the reasons for the non-acceptance, if any, of any of such recommendation or part.

The NCM adheres to the UN Declaration of 18 December 1992 which states that "States shall protect the existence of the National or Ethnic, Cultural, Religious and Linguistic identity of minorities within their respective territories and encourage conditions for the promotion of that identity.”

The setting up of Minorities Commission in India was envisaged in the Ministry of Home Affairs Resolution dated 12.01.1978 which specifically mentioned that, "despite the safeguards provided in the Constitution and the laws in force, there persists among the Minorities a feeling of inequality and discrimination. In order to preserve secular traditions and to promote National Integration the Government of India attaches the highest importance to the enforcement of the safeguards provided for the Minorities and is of the firm view that effective institutional arrangements are urgently required for the enforcement and implementation of all the safeguards provided for the Minorities in the Constitution, in the Central and State Laws and in the government policies and administrative schemes enunciated from time to time. It was in 1984 that the Minorities Commission was detached from Ministry of Home Affairs and placed under the newly created Ministry of Welfare.

With the enactment of the National Commission for Minorities Act, 1992, the Minorities Commission became a statutory body and renamed as National Commission for Minorities.

 

Agree Comment 0 Agrees about 2 months ago

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Divya Maheshwari

The functions of National Minorities Commission are mainly recommendatory in nature and not binding. It has no power to punish the violator of human rights, nor to award any relief including monetary relief to the victim. Notably, its recommendations are not binding on the concerned government or authority. But, it should be informed about the action taken on its recommendation within one month. The commission can recommend the state government or the central government or the supreme court to take action in a particular direction or pass an order or writ on a particular issue. He setting up of Minorities Commission was envisaged in the Ministry of Home Affairs Resolution dated 12.01.1978 which specifically mentioned that, "despite the safeguards provided in the Constitution and the laws in force, there persists among the Minorities a feeling of inequality and discrimination. In order to preserve secular traditions and to promote National Integration the Government of India attaches the highest importance to the enforcement of the safeguards provided for the Minorities and is of the firm view that effective institutional arrangements are urgently required for the enforcement and implementation of all the safeguards provided for the Minorities in the Constitution, in the Central and State Laws and in the government policies and administrative schemes enunciated from time to time. Some time in 1984 the Minorities Commission was detached from Ministry of Home Affairs and placed under the newly created Ministry of Welfare.

 

http://ncm.nic.in/Genesis_of_NCM.html

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