The Supreme Court on Tuesday expressed displeasure at the Centre taking different stands on the identification of minorities, including Hindus, at the state level and directed it to hold consultations with the states within three months.
In supersession of its earlier stand, the Centre had on Monday told the apex court that the power to notify minorities was vested with the Union government and any decision in this regard would be taken after discussions with the states and other stakeholders.
The Centre had in March said it was for the states and Union Territories to take a call on whether or not to grant minority status to Hindus and other communities where they are less in number.
A bench of Justices S.K. Kaul and M.M. Sundresh pointed out that the two affidavits made two different claims. “Later, you say the Centre has powers. In a country like ours, which has so much diversification, we understand but somebody should have been more careful. Before these affidavits are filed, everything is in the public domain which has its own consequences. Therefore, you have to be more careful in what you say,” the bench observed.
The court said: “A fresh affidavit has been filed by the ministry of minority affairs which seems to back out what was said in the earlier affidavit. Something we don’t appreciate. It is now sought to be stated that the question sought to be adjudicated has far-reaching
ramifications throughout the country.
“The stand has already been taken in the first affidavit. But as per the fresh affidavit, the power is vested with the central government to identify minorities…. Aforesaid being the position, it is necessary that the exercise is taken up by the Centre as proposed. List on August 30.”
The court sought a status report three days before the hearing.
Solicitor-general Tushar Mehta, appearing for the Centre, sought three months’ time to hold consultations with the states and submitted that some PILs are filed and simultaneously they are put in the public domain.
“We cannot file an affidavit without serving it to the other party and the moment we serve, it goes into the public domain,” Mehta said.
He informed the bench that the identification of minorities had been discussed at a meeting where three ministers of the departments concerned were present along with the secretaries.
The apex court said these were matters that required resolution and everything could not be adjudicated.
When the hearing had started, a junior counsel had sought a pass-over, saying solicitor-general Mehta was busy in some other court.
“What I am unable to understand is the Union of India is not able to decide what to do. All this thought should have been given before. This creates uncertainty and all this comes into the public domain before we put our eyes on it. This creates another problem,” the court said.
“If the Centre wants to consult states, we will have to take a call. Solution can’t be that everything is so complex, we will do so. This cannot be the answer from the government of India. You decide what you want to do. If you want to consult them, do it. Who is stopping you from doing so?
“These are matters which require resolution. Taking different stands don’t help. If consultation is required, it should have been done before the affidavit was filed,” the court added.
The apex court had earlier granted four weeks to the Centre to respond to a plea by advocate Ashwini Kumar Upadhyay seeking directions for framing of guidelines for the identification of minorities at the state level, contending that Hindus are in minority in 10 states.
