New Delhi: The Delhi High Court expressed concern on Friday over vacancies leaving the National Commission for Minorities (NCM) “non-functional” and asked the Centre to state the time by which all positions in the body would be filled.
Dealing with a public interest litigation (PIL) matter filed by petitioner Mujahid Nafees on the issue of vacancies in the NCM, a bench of Chief Justice D K Upadhyaya and Justice Tejas Karia observed that the commission is a statutory body that does not have a chairperson or a member since April last year.
It asked the Centre to file an affidavit detailing the steps taken by it to fill all the vacancies and questioned its counsel if seeking six more months to complete the process is reasonable.
“Keep it (the act of constituting the commission) in a wardrobe. After one year, (you are asking for) another six months,” remarked Chief Justice Upadhyaya.
The court said the law only requires the authorities to nominate persons to the vacant posts and no “selection process” has to be initiated as such.
“There is a statutory body entrusted with certain tasks under an Act by Parliament. It is the parliamentary mandate to you to keep the commission running and functioning. Three members retired in December 2024. The vice-chairperson retired in November 2024. The chairperson also retired in April 2025. Since December 2024, how much time has lapsed? When we ask how much time will you take, you say six months. Is this reasonable?” the court asked the Centre’s counsel.
The lawyer said the process of nomination to fill the vacancies is going on and six more months are required to complete it.
The court said the commission works towards the development and welfare of minorities and it is expected that the authorities would have completed the task of nominating persons to the vacant posts that have “existed since long” and made the commission non-functional.
“It is a matter of concern that on account of vacancies in the offices of the chairperson, vice-chairperson and members, the commission at present appears to be non-functional,” the court said.
“In the light of the aforesaid, we call upon the respondent to file an affidavit giving the details of the steps taken for the filling of vacancies in the commission and the time likely to be taken to complete the said process,” it ordered.
The petitioner’s counsel said the present petition is the “second leg” of litigation on the issue of vacancies in the commission.
In an earlier litigation against vacancies, the “excuse” was COVID-19 and the consequent lockdown but this time, there is no such excuse, she said.
She added that after the vice-chairperson vacated his office in November 2024 and the terms of the members ended in December 2024, the chairperson manned the commission until April 2025, when his tenure also came to an end.
The court listed the matter for hearing on next Friday.
Nafees, who claims to be the convenor of the Minority Coordination Committee, has alleged that the complete and systematic incapacitation of the NCM is due to the Centre’s abject failure to appoint its chairperson, vice-chairperson and all five members.
“This executive dereliction has rendered a vital statutory body, created by an Act of Parliament for the protection and welfare of India’s notified minority communities, entirely defunct and headless,” the plea has said.
It has sought a direction to the Centre, through the Ministry of Minority Affairs, to forthwith initiate and complete the process of appointing the chairperson, vice-chairperson and members of the NCM, in accordance with the National Commission for Minorities Act.
The plea has also sought the completion of the appointment process in a transparent and time-bound manner, preferably within four weeks from the date of the court’s order.
