New Delhi: The Delhi High Court on Wednesday directed the Central government to place its stand on a petition highlighting long-standing vacancies in the National Commission for Minorities (NCM), including the crucial post of chairperson. A bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela described the matter as “very, very important” and urged the Centre to act promptly rather than delaying the process until the next hearing.

The issue came to light during the hearing of a public interest litigation (PIL) filed by petitioner Mujahid Nafees, who claims to be the convenor of the Minority Coordination Committee. The petition contends that the NCM has been rendered “headless and ineffective” due to the government’s failure to fill key posts, including the chairperson, vice-chairperson, and all five member positions. According to the plea, the chairperson’s post has been vacant since April 22, 2025, when the last incumbent demitted office.

Petition Highlights Administrative Lapses

The PIL argues that the government’s inaction has resulted in the “complete and systematic incapacitation” of the NCM, a statutory body established under the National Commission for Minorities Act to safeguard the rights and welfare of India’s notified minority communities. The petitioner highlighted that a series of demissions from office began in November 2024 and culminated in the chairperson’s departure in April 2025, leaving the commission practically non-functional.

Mujahid Nafees emphasised that the commission’s inactivity undermines the statutory mandate conferred by Parliament. The petition also noted that prior attempts to resolve the matter through formal representation to the Ministry of Minority Affairs on August 20, 2025, were ignored. The plea thus seeks judicial intervention to compel the government to comply with its statutory obligations.

Court Directs Centre to Expedite Process

During the proceedings, the counsel representing the Centre requested additional time to obtain instructions from the concerned authorities. The bench, however, stressed that the matter requires immediate attention. “Please make sure things start moving. Don’t wait for the next date. This is very, very important,” the court said, highlighting the urgency of filling the vacant posts.

The petition seeks a direction from the Delhi High Court to the Ministry of Minority Affairs to promptly initiate and complete the appointment process for the chairperson, vice-chairperson, and five members in accordance with the provisions of the National Commission for Minorities Act. The petitioner urged that the appointments be made transparently and within a defined time frame, preferably within four weeks from the court’s order.

Significance of the National Commission for Minorities

The National Commission for Minorities plays a critical role in monitoring and protecting the rights of minority communities in India. It advises the government on policy matters, investigates complaints, and ensures the effective implementation of welfare measures for minority groups. According to the PIL, the prolonged vacancy of key posts has left the commission ineffective, depriving minority communities of statutory safeguards meant to protect their interests.

The petitioner described the government’s inaction as an “executive dereliction” that undermines the commission’s statutory and constitutional mandate. The plea argues that the appointment of members to the NCM is not merely an administrative formality but a constitutional obligation, reflecting Parliament’s intent to ensure minority rights are safeguarded through a functional statutory body.

Next Steps

The Delhi High Court’s direction requires the Centre to formally respond to the petition and clarify the reasons for the prolonged delay in appointments. The bench’s insistence on immediate action underscores the importance of restoring the functionality of the NCM to uphold the rights and welfare of minority communities.

The petitioner has requested that the court issue a writ of mandamus compelling the government to complete the appointment process without further delay, ensuring that the NCM can resume its statutory functions effectively.

With minority communities awaiting government action, the case highlights the critical intersection of administrative accountability, statutory obligations, and constitutional safeguards. Observers note that timely appointments to the NCM will not only reinstate the commission’s functional capacity but also reinforce public trust in the government’s commitment to protecting minority rights.