The Supreme Court on Monday criticised the government over its reluctance in taking a stand on whether religious minorities should be identified on a State-wise basis rather than nationally.
The government, despite being given a “last opportunity” to file an affidavit earlier in January, has not done so, saying its officers were down with COVID-19.
A Bench led by Justice S.K. Kaul, however, did not accept the excuse for not submitting the affidavit, insisting that the Centre cannot shirk from taking a stand on the issue.
“Last time we gave you the last opportunity to file your affidavit… Now tell us what comes after ‘last opportunity?” Justice Kaul asked Additional Solicitor General K.M. Nataraj, appearing for the Centre. The court ordered the government to pay costs of ₹7,500 for not filing the affidavit on time.
The petition filed by advocate Ashwini Kumar Upadhyay has challenged the current mechanism of recognising religious minorities at the national level. It argued that this system was faulty as Hindus were a minority in six States and two union territories.
The petition challenged Section 2(c) of the National Commission for Minority Education Institution Act 2004, which empowers the Centre to identify minorities.
