The National Commission for Minorities (Repeal) Bill, 2004

The National Commission for Minorities (Repeal) Bill, 2004 repeals the National Commission for Minorities Act, 1992. The National Commission for Minorities, established to provide an institutional arrangement for evaluating the safeguards provided in the Constitution for protecting minorities, will be dissolved.

Instead, the Constitution (One Hundred and Third Amendment) Bill, 2004 proposes to establish a new National Commission for Minorities, with a constitutional status, in order to inspire greater confidence towards the effectiveness of the Commission.

The Commission would consist of a Chairperson, Vice-Chairperson and five other members. The condition and tenure of the office of the Chairperson, Vice Chairperson and other members may be determined by the President. At least five members including the Chairperson would be from the minority communities.

The Constitution (One Hundred and Third Amendment) Bill, 2004 and the National Commission for Minorities (Repeal) Bill, 2004 were introduced in Lok Sabha on December 23, 2004. The Bills were referred to the Department-related Parliamentary Standing Committee on Social Justice and Empowerment (Chairperson: Smt Sumitra Mahajan) which submitted its report on February 21, 2006.

The duties of the Commission are as follows:

The recommendations made by the Commission would be referred to each House of Parliament along with a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the Union and the reasons for non-acceptance of such recommendations.

The Commission would have the powers of a civil court trying a suit while evaluating the progress of minorities, monitoring the working of the safeguards provided in the Constitution, and looking into specific complaints of discrimination against minorities. It would have the power to summon and enforce attendance of any person from any part of India and examine him on oath, to enforce the production of any document, to receive evidence on affidavits, requisition any public record, and issue commissions for the examination of witnesses and documents.