The National Commission for Minorities was set up as a statutory body
with the enactment of the National Commission for Minorities Act, 1992 by the
Parliament. NCM Act, 1992 extends to whole of India. The Act was enforced
with effect from 17.5.1993 and amended on 8.9.1995 to provide for a Vice
Chairperson in the Commission. As the Act stands after the amendment in 1995,
the Commission now consists of a Chairperson, a Vice Chairperson and five
Members, out of which 5 Members including the Chairperson shall be from
amongst the notified religious minority communities.
As per Section 2(c) of the NCM Act, 1992, ‘Minority’, for the purposes of the
NCM Act, means a community notified as such by the Central Government.
The functions and responsibilities of the Commission are thus related to the six
notified minority communities based on religion namely, Muslims, Christians,
Sikhs, Buddhists, Parsis and Jains.
As per Section 9 (1) of the NCM Act, 1992, the Commission is mandated to
perform the following functions:-
- (a). evaluate the progress of the development of minorities under the Union
and States;
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- (b). monitor the working of the safeguards provided in the Constitution and in
laws enacted by Parliament and the State Legislatures;
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- (c). Make recommendations for the effective implementation of safeguards for the protections of the interest of minorities by Central Government or the State Governments;
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- (d). look into specific complaints regarding deprivation of rights and
safeguards of the minorities and take up such matters with the appropriate
authorities;
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- (e).
cause studies to be undertaken into problems arising out of any
discrimination against minorities and recommend measures for their
removal;
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- (f). conduct studies, research and analysis on the issues relating to socio-
economic and educational development of minorities;
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- (g). suggest appropriate measures in respect of any minority to be undertaken
by the Central Government or the State Governments;
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- (h). make periodical or special reports to the Central Government on any
matter pertaining to minorities and in particular difficulties confronted by
them;
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- (i). any other matter which may be referred to it by the Central Government.
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The Commission while performing any of the functions listed in sub-
paras (a), (b)& (d) of Para 2 above, has all the powers of a civil court trying a
suit and, in particular, in respect of the following matters, namely :-
- (a). summoning and enforcing the attendance of any person from any part of
India and examining him on oath;
- (b). requiring the discovery and production of any document;
- (c). receiving evidence on affidavits;
- (d). requisitioning any public record or copy thereof from any court or office;
- (e). issuing commissions for the examination of witnesses and documents;
- (f). any other matter which may be prescribed.
