Reality Check India

Is the Congress governments NCMEI Act Unconstitutional ? Big case coming up..

Posted in Uncategorized by realitycheck on May 9, 2015

Congress pet law under challenge?

Congress pet law under challenge?

A PIL has been filed in the Allahabad High Court seeking to declare the NCMEI Act 2004 unconstitutional.

This promises to go all the way to the Supreme Court and turn into a landmark case and I hope it does. I have documented the origins and activities of the NCMEI in my previous post (Bulwarks against redefining minorities in Indias education sector].  Please go through it. It is the duty of social media to ensure public debate of this case, because these laws are key components of the Idea of India and will be suppressed.

I would frame the following questions:

  • NCMEI Act 2004 sets up a body with powers of a civil court – but Hindus are explicitly barred from becoming either the chairperson or members of this court.

Sec 4 (1) (a)

4. Qualifications for appointment as Chairperson or other Member.
(1) A person shall not be qualified for appointment as the Chairperson unless he,
(a) is a member of a minority community; and
(b) has been a Judge of a High Court

http://ncmei.gov.in/writereaddata/filelinks/1f24301a_NCMEI%20Act,%20as%20amended.pdf

  • NCMEI deals not with issues of personal and religious trusts that concern only the internal affairs of Christians and Muslims and other 4 notified minorities. The educational institutes are of a public nature because the minorities run secular schools that freely admit Hindu students and recruit Hindu teachers.
  • Even for purely religious matters like Madrassas the NCMEI falls afoul of invidious discrimination against  Hindus because it treats the minorities as a undifferentiated group. A Christian chairperson for example is allowed to examine minority status of a Muslim institution but the assumption is that a Hindu cannot.
  • This is an exclusive tribunal that prevents one class of education providers to approach it. For instance, schools run by Hindus cannot approach the NCMEI if their NOC certificate is delayed or denied. This is even if you grant that the Hindu schools are willing to be heard by a non-Hindu panel of judges.

Once again, I appeal to social media to educate yourself and write about this case. Whatever side you are on !!

 

 

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5 Responses

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  1. sidd said, on May 9, 2015 at 3:52 am

    by barring hindu born judges it violates our constitution of only having merit as a criteria whats next a male/female only body

  2. amitchandra2006 said, on May 20, 2015 at 11:31 am

    How can I connect with you? Can you share your contact details?

  3. A.B. Paul said, on May 28, 2015 at 5:24 pm

    NCMEI Act 2004 is threat to our fundamental Right to equality under article 14. Christian Minority institutions are misusing this act to opening and expanding new institutions where there is no single Christian family is residing in the area. RTE is not applicable on these institutions neither applicable SC/ST/OBC quota nor fixed the minority quota in these institutions. Neither minority staff appointed and nor fixed seats for minority students in these institutions in Rajasthan. Needy and Neglected Dalit Christians are struggling to get admission in these schools but to get admission is a an acid test for them. Only so called Priest as a Principle is a minority rest all the staff and students are from rich community of Hindus. Owner of these institutions are raising money by high donation and by high fee. They have lost the purpose of establishment and to run these institutions. Now they are become the education mafia under the shelter of this NCMEIS Act 2004.

  4. iajkp said, on January 15, 2016 at 10:44 am

    Reblogged this on सत्य साधक.

  5. […] the UPA govt exempted the minority run colleges from it using the 93rd Amendment and by using NCMEI to grant minority status to AMU and thousands of other educational institutions. It is considered a […]


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