Plea In SC Seeks Identification of Minorities At 'State Level'; Challenges S. 2(f) Of National Commission for Minority Education Institution Act [Read Petition]

BJP leader Ashwini Kumar Upadhyay has moved the Supreme Court seeking a direction upon the Central Government to lay down guidelines for identification of minorities "at State level", in spirit of its verdict in the TMA Pai case. Muslims, Christians, Sikhs, Buddhists and Parsee, as minorities "at national level", thus giving them the right to establish & administer minority educational institutions even in those States where they are in majority, while depriving the same rights to followers of Judaism, Bahaism & Hinduism. "It is respectfully submitted that denial of minority rights to the real minorities and arbitrary and unreasonable disbursement of minority benefits to the absolute majority, infringes upon the fundamental right to prohibition of discrimination on the grounds of religion race caste sex and place of birth ; impairs the right to equality of opportunity in the matters related to public employment ; and offends freedom of conscience and right to freely profess practice and propagate religion. Significantly, the plea challenges Section 2 of the National Commission for Minority Education Institution Act, 2004, inasmuch it grants "unbridled power" to declare minorities and is contended to be violative of Articles 14, 15, 21, 29, 30 of the Constitution.