Reimagining the Role of National Commission for Minorities

• 22 Oct 2025

This editorial is based on “National Commission for Minorities has barely served those for whom it was set up”, which was published in The Indian Express on 22/10/2025. It examines the relevance and functioning of the National Commission for Minorities (NCM), highlighting how limited autonomy and prolonged vacancies have weakened its role in safeguarding minority rights and promoting inclusive governance. 

For Prelims: National Commission for Minorities Act, 1992; Articles 29 & 30; Ranganath Misra Commission; Protection of Human Rights Act, 1993; NHRC; NCMEI; Minority Rights in India. 

For Mains: Issues in the autonomy and functioning of the National Commission for Minorities. 

India’s framework for protecting minority rights rests on the delicate balance between constitutional ideals and institutional delivery. Among the key guardians of this vision, the National Commission for Minorities (NCM) was created to uphold equality and inclusion, yet its relevance today stands questioned. With prolonged vacancies, limited autonomy, and restricted powers under the NCM Act, 1992, the body’s decline reflects deeper structural challenges in how the State approaches minority welfare. The issue is not merely of administrative lapse but of institutional design—where advisory mechanisms lack the authority to ensure accountability. Reimagining the NCM’s role, therefore, is essential to align it with India’s constitutional promise of justice, pluralism, and participatory governance.

What is the National Commission for Minorities? 

• About: It is a statutory body established under the National Commission for Minorities Act, 1992, with the vision to safeguard and protect the interests of minority communities.  
  • The first statutory Commission was constituted on 17th May 1993. 
• Genesis: The Minorities Commission (MC) was established in 1978 through a Ministry of Home Affairs Resolution and was moved to the newly created Ministry of Welfare in 1984. 
  • In 1988, the Ministry of Welfare excluded linguistic minorities from the Commission’s jurisdiction. 
• Composition: It consists of a Chairperson, a Vice-Chairperson, and five Members, all nominated by the Central Government, but the absence of a full body has led to concerns over inefficiency. 
  • Each member must belong to one of the six notified minority communities: Muslim, Christian, Sikh, Buddhist, Parsi, and Jain. 
• Powers and Tenure: It has quasi-judicial powers, and each member serves a three-year term from the date they assume office. 
• Removal: The Central Government may remove the Chairperson or any Member of the NCM if they: 
  • Are adjudged insolvent,  
  • Take up paid employment outside their duties,  
  • Refuse or become incapable of acting,  
  • Are declared of unsound mind by a court,  
  • Abuse their office, or  
  • Are convicted of an offence involving moral turpitude.

Minorities in India and their Constitutional Safeguards 

• About Minorities: The Constitution of India does not provide a definition for the term ‘Minority’, but the Constitution recognises religious and linguistic minorities. 
  • The NCM Act, 1992 defines a minority as “a community notified as such by the Central government. 
• Minority Communities: As per a 1993 notification by the Ministry of Welfare, the Government of India initially recognized five religious communities—Muslims, Christians, Sikhs, Buddhists, and Zoroastrians (Parsis)—as minority communities. 
  • Later, in 2014, Jains were also notified as a minority community. 
• Minorities Population: As per the Census 2011, the percentage of minorities in the country is about 19.3% of the total population of the country.  
• Safeguards Related to Minorities: 
  • Article 29: Right of any section of citizens to conserve their distinct language, script, or culture. 
  • Article 30: Right of minorities to establish and administer educational institutions. 
  • Article 347: Special provision relating to the language spoken by a section of the population of any State. 
  • Article 350-A: Provision for facilities for instruction in mother-tongue at the primary stage. 
  • Article 350-B: Provision for a Special Officer for Linguistic Minorities and his duties. 

What are the Key Issues Plaguing the National Commission for Minorities (NCM)? 

• Operational Vacancy: The NCM is presently non-operational, as both the chairperson and member positions remain vacant. The Delhi High Court, taking cognisance of a Public Interest Litigation (PIL) seeking its reconstitution, has directed the Central government to respond, thereby underscoring concerns over administrative inaction and the perceived erosion of institutional efficacy. 
• Absence of Constitutional Status: Since its establishment in 1978, the Commission has faced limited institutional support for being accorded constitutional status. Attempts to strengthen its legal framework have remained inconclusive, leaving it a statutory body with limited authority. 
• Limited Statutory Powers: Under the NCM Act, 1992, its powers are restricted to those of a civil court, limiting enforcement capacity. The creation of the National Commission for Minority Educational Institutions (NCMEI) in 2004 further narrowed its functional scope, particularly in education-related matters. 
• Lack of Autonomy: The NCM functions under the administrative control of the executive, limiting its operational independence. Inadequate follow-up on commission reports and recommendations reflects a weak implementation framework and low prioritisation of minority welfare issues. 
• Questionable Efficacy: Despite over four decades of existence, the NCM’s impact on improving minority welfare remains limited. With a significant annual budget but minimal outcomes, it is often perceived as symbolic rather than substantive, raising questions about efficiency and accountability. 

What Measures Can Strengthen the National Commission for Minorities (NCM)? 

• Grant Constitutional Status: The National Commission for Minorities (NCM) should be accorded Constitutional status, as recommended in several of its Annual Reports, to ensure permanence, autonomy, and parity with other watchdog institutions like the National Commission for Scheduled Castes (Article 338). Amendments to the NCM Act, 1992, can expand its quasi-judicial powers and enforcement capacity. 
• Strengthen Institutional Autonomy: The NCM must function with independent funding, staff, and reporting structure, reducing dependence on the executive.  
  • Drawing from the Protection of Human Rights Act, 1993, the NCM can adopt transparent appointment procedures and annual reporting mechanisms similar to the NHRC model to strengthen credibility and accountability. 
• Enhance Coordination: Create a structured NCM–State Commissions Coordination Council to streamline policy implementation and monitor minority welfare schemes like the Prime Minister’s New 15-Point Programme and Multi-Sectoral Development Programme (MSDP). This would ensure uniform standards and shared accountability. 
• Integrate Educational and Economic Empowerment: In line with the Sachar Committee (2006) and Ranganath Misra Commission (2007) recommendations, focus on educational inclusion through modernisation of madrasas, expansion of higher education scholarships, and skill-based training. Collaboration with the National Commission for Minority Educational Institutions (NCMEI) can ensure institutional synergy. 
• Institutionalise Data-Driven Monitoring Mechanisms: Develop a Minority Welfare Dashboard, akin to the National Judicial Data Grid (NJDG), to track fund utilisation, scheme coverage, and outcomes for each minority community. Evidence-based policymaking will improve transparency, efficiency, and public trust in minority welfare governance. 

Conclusion 

The National Commission for Minorities was conceived as a guardian of India’s pluralistic spirit and a protector of minority rights. However, over time, it has drifted into symbolic relevance, constrained by limited powers, vacancies, and weak institutional will. Revitalising its autonomy, constitutional backing, and accountability is essential to transform it from a passive observer into an active defender of justice and inclusion. A commission that lacks real authority cannot safeguard rights—it merely adorns the architecture of governance without strengthening it.

Drishti Mains Question:

Critically examine the relevance of the National Commission for Minorities (NCM) in safeguarding minority rights in India. Suggest reforms to enhance its autonomy, accountability, and effectiveness.

FAQs

1. When was the National Commission for Minorities (NCM) established? 
The Minorities Commission was set up in 1978 and granted statutory status through the National Commission for Minorities Act, 1992. 

2. What are the main functions of the NCM? 
To safeguard the rights of minorities, monitor constitutional safeguards, and address grievances through inquiries and recommendations. 

3. Does the NCM have enforcement powers? 
No, it can only make recommendations and lacks the power to enforce its decisions. 

4. Which Articles of the Constitution protect minority rights? 
Articles 29 and 30 safeguard cultural and educational rights of minorities. 

5. What is the relationship between NCM and NHRC? 
The NCM chairperson is an ex officio member of the National Human Rights Commission (NHRC). 

6. What is NCMEI, and how does it differ from NCM? 
The National Commission for Minority Educational Institutions (NCMEI) was established in 2004 to focus specifically on the educational rights of minorities, reducing NCM’s domain. 

7. What are the main criticisms of NCM? 
Lack of autonomy, political interference, limited powers, and minimal impact on minority welfare. 

8. What reforms can strengthen NCM? 
Granting quasi-judicial powers, ensuring independent funding, transparent appointments, and merging overlapping bodies for coordinated action. 

9. Who are the communities recognised as minorities in India?
Six communities — Muslims, Christians, Sikhs, Buddhists, Parsis, and Jains — are notified as minorities under the NCM Act, 1992. 

10. How is the NCM different from other national commissions?
Unlike bodies such as the NHRC or NCSC, the NCM is a statutory body without constitutional status, giving it advisory rather than enforceable powers.

UPSC Civil Services Examination Previous Year Questions (PYQ)

Prelims

Q. In India, if a religious sect/community is given the status of a national minority, what special advantages it is entitled to? (2011)

1. It can establish and administer exclusive educational institutions.  
2. The President of India automatically nominates a representative of the community to Lok Sabha.  
3. It can derive benefits from the Prime Minister’s 15-Point Programme.  

Which of the statements given above is/are correct?  

(a) 1 only  

(b) 2 and 3 only  

(c) 1 and 3 only   

(d) 1, 2 and 3  

Ans: (c)

Q. What was the exact constitutional status of India on 26^th January, 1950? (2021)  

(a) A Democratic Republic   

(b) A Sovereign Democratic Republic   

(c) A Sovereign Secular Democratic Republic   

(d) A Sovereign Socialist Secular Democratic Republic   

Ans: (b)

Q. The Preamble to the Constitution of India is (2020)

(a) a part of the Constitution but has no legal effect   

(b) not a part of the Constitution and has no legal effect either   

(c) a part of the Constitution and has the same legal effect as any other part   

(d) a part of the Constitution but has no legal effect independently of other parts   

Ans: (d)