1. Context

2. What is the case about?

• The petition by Advocate Ashwini Upadhyay has contended that the 2011 census showed that Hindus have become a minority in Lakshadweep (2.5%), Mizoram (2.75%), Nagaland (8.75%), Meghalaya (11.53%), J&K (28.44%), Arunachal Pradesh (29%), Manipur (31.39%), and Punjab ( 38.40%), but were being denied minority benefits that are currently being enjoyed by the respective majority communities in these places.
• The Plea relies on the Supreme Court's 2002 ruling in the TMA Pai Foundation case (TMA Pai Foundation & Ors vs State of Karnataka & Ors) and the 2005 decision in the Bal Patil case (Bal Patil & Anr vs Union of India & Ors).

3. Notified Minorities in India

• Currently, only those communities notified under section 2(c) of the NCM Act, 1992 by the central government are regarded as minorities.
• In 1993, the first statutory National Commission was set up, and five religious communities Viz. The Muslims, Christians, Sikhs, Buddhists, and Zoroastrians (Parsis) were notified as minority communities.
• In 2014, Jains were also notified as a minority community.
• The expression "minorities" appears in some Articles of the Constitution, but is not defined anywhere.

4. What does the Constitution say about minorities?

5. What have courts said on the subject?
TMA PAI:

• In ‘TMA Pai’, an 11-judge bench of the Supreme Court dealt with the question of the scope of rights of minorities to establish and administer educational institutions of their choice under the Constitution.
• A majority ruling by six judges in 2002 referred to two other cases pertaining to the DAV College in Punjab, in which the SC had to consider whether Hindus were a religious minority in the State of Punjab.
• It said, “In DAV College v. State of Punjab [1971]…the question posed was as to what constituted a religious or linguistic minority, and how it was to be determined.
• After examining the opinion of this Court in the Kerala Education Bill case [1958], the Court held that the Arya Samajis, who were Hindus, were a religious minority in the State of Punjab, even though they may not have been so in relation to the entire country.
• “In another case, DAV College Bhatinda v. State of Punjab [1971]…the observations in the first DAV College case was explained, and on page 681, it was stated that “what constitutes a linguistic or religious minority must be judged in relation to the State in as much as the impugned Act was a State Act and not in relation to the whole of India.”
• “This Court rejected the contention that since Hindus were a majority in India, they could not be a religious minority in the State of Punjab, as it took the State as the unit to determine whether the Hindus were a minority community.
• There can, therefore, be little doubt that this Court has consistently held that the unit to determine a religious or linguistic minority can only be the State.”

• In 2005, the SC in its judgment in ‘Bal Patil’ referred to the TMA Pai the ruling, and said:
  “After the verdict in the eleven judges’ Bench in the TMA Pai Foundation case (supra), the legal position stands clarified that henceforth the unit for determining the status of both linguistic and religious minorities would be ‘state’.
• If, therefore, the State has to be regarded as the unit for determining “linguistic minority” vis-a-vis Article 30, then with “religious minority” being on the same footing, it is the State in relation to which the majority or minority status will have to be determined.
• “The minority for the purpose of Article 30 cannot have different meanings depending upon who is legislating.
• Language is the basis for the establishment of different States for the purposes of Article 30, a “linguistic minority” will have to be determined in relation to the State in which the educational institution is sought to be established.
• The position with regard to the religious minority is similar since both religious and linguistic minorities have been put on a par in Article 30.”

6. Steps Taken by GoI for Minorities

• Separate Ministry: The Ministry of Minority Affairs was set up to improve the socio-economic conditions of minorities through affirmative action and inclusive development so that every citizen has an equal opportunity to participate actively in building a vibrant nation.
• Schemes: Various schemes, launched, are meant only for the economically weaker sections or underprivileged children and candidates of the minority communities and are not for everyone belonging to the minority community.
• Article 246: Parliament under Article 246 of the Constitution, read with Entry 20 in Concurrent List in Schedule Seven, has enacted the National Commission for Minorities Act, 1992. 
• Prime Minister’s 15-Point Programme for the Welfare of Minorities: An important objective of the Programme is to ensure that an appropriate percentage of the priority sector lending is targeted for the minority communities and that the benefits of various government-sponsored schemes reach the under-privileged, which includes the disadvantaged sections of the minority communities. The Programme is being implemented by the Central Ministries/Departments concerned through State Governments/Union Territories and envisages location of a certain proportion of development projects in minority concentration districts.

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