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