jai jinendra,
Jain community may now get minority status
19 Dec 2008, 0000 hrs IST, TNN
NEW DELHI: Government has agreed to move an official amendment to the Constitution to define minority, a step which could enable it designate the
Jains as a minority community. The Union cabinet has approved the proposal to introduce the Constitution 103rd Amendment Bill. The decision was taken at a cabinet meeting on Friday. The proposed legislation comes in the backdrop of several Supreme Court directives to the government to decide on the issue. "This Bill is about the power to define a minority. The Supreme Court directed the Centre to decide the issue of giving minority status to Jains. A number of orders have been passed by the Supreme Court in this regard," home minister P Chidambaram said. The Bill was introduced earlier and referred to the Standing Committee. After considering its recommendations, it was decided to move official amendments. However, the notice for amendments issued to Lok Sabha secretariat lapsed. "Further issues were raised in the meantime. These have now been resolved and action will be taken to move the official amendments to the pending Constitution amendment Bill," Chidambaram added.
the 103rd amendment bill is as following.
Short title and
commencement.
THE CONSTITUTION (ONE HUNDRED AND THIRD
AMENDMENT) BILL, 2004
A
BILL
further to amend the Constitution of India.
BE it enacted by Parliament in the Fifty-fifth Year of the Republic of India
as follows:—
1. (1) This Act may be called the Constitution (One Hundred and Third Amendment)
Act, 2004.
(2) It shall come into force on such date as the Central Government may, by
notification in the Official Gazette, appoint.
2. After article 340 of the Constitution, the following article shall be inserted namely:—
‘340A. (1) There shall be a Commission for the Minorities to be known as
the National Commission for Minorities.
Bill No. 104 of 2004
Insertion of new
article 340A.
National
Commission for
Minorities.
AS INTRODUCED IN LOK SABHA
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(2) Subject to the provisions of any law made in this behalf by Parliament,
the Commission shall consist of a Chairperson, Vice-Chairperson and five other
Members and the conditions of service and tenure of the office of the Chairperson,
Vice-Chairperson and other Members shall be such as the President may by rule
determine:
Provided that at least five Members including the Chairperson shall be from
amongst the Minorities.
(3) The Chairperson, Vice-Chairperson and other Members shall be appointed,
by the President by warrant under his hand and seal, from amongst persons of eminence,
ability and integrity.
(4) The Commission shall have the powers to regulate its own procedure.
(5) It shall be the duty of the Commission—
(a) to evaluate the progress of the development of Minorities under the
Union and the States;
(b) to monitor the working of the safeguards provided in the Constitution
and the laws enacted by Parliament and the State Legislatures;
(c) to make recommendations for the effective implementation of
safeguards for the protection of the interest of the Minorities by the Central
Government and the State Governments;
(d) to look into specific complaints regarding deprivation of rights and
safeguards of the Minorities and take up such matters with the appropriate
authorities;
(e) to cause studies to be undertaken into problems arising out of any
discrimination against the Minorities and recommend measures for their removal;
(f) to conduct studies, research and analysis on the issues relating to socioeconomic
and educational development of the Minorities;
(g) to suggest appropriate measures in respect of any Minority to be
undertaken by the Central Government and the State Governments;
(h) to make periodical or special reports to the Central Government on
any matter pertaining to the Minorities and in particular the difficulties confronted
by them; and
(i) to discharge such other functions in relation to the protection, welfare,
development and advancement of the Minorities as the President may, subject
to the provisions of any law made by Parliament, by rule, specify.
(6) The President shall cause the recommendations referred to in sub-clause (c)
of clause (5) to be laid before 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 the non-acceptance, if any, of any of such
recommendations.
(7) Where any recommendation referred to in sub-clause (c) of clause (5) or
any part thereof is such with which any State Government is concerned, the Commission
shall forward a copy of such recommendation or part to such State Government
who shall cause it to be laid before the Legislature of the State along with a memorandum
explaining the action taken or proposed to be taken on the recommendations
relating to the State and the reasons for the non-acceptance, if any, of any of such
recommendation or part thereof.
(8) The Commission shall, while performing any of the functions mentioned in
sub-clauses (a), (b) and (d) of clause (5), have all the powers of a civil court trying a
suit and in particular in respect of the following matters, namely:—
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(a) summoning and enforcing the attendance of any person from any part
of India and examining him on oath;
(b) requiring the discovery and production of any document;
(c) receiving evidence on affidavits;
(d) requisitioning any public record or copy thereof from any court or
office;
(e) issuing commissions for the examination of witnesses and documents;
(f) any other matter which the President may, by rule, determine.
(9) For the purposes of this article, "Minority" means a community which the
President may, by public notification, specify to be a minority.'.
STATEMENT OF OBJECTS AND REASONS
The National Commission for Scheduled Castes and the National Commission
for Scheduled Tribes have been constituted in pursuance of article 338 and article
338A respectively of the Constitution. Article 350B of the Constitution provides for
appointment of a Special Officer for linguistic minorities. The Central Government set
up a Minorities Commission in January, 1978 for providing an institutional arrangement
for evaluating the safeguards provided in the Constitution and to make recommendations
for effecetive implementation of the safeguards given to the Minorities. Subsequently,
in May, 1993, the Central Government constituted the National Commission for
Minorities as a statutory body under the National Commission for Minorities Act,
1992.
2. There has been a persistent demand for giving constitutional status to the
National Commission for Minorities. It is felt that the constitution of the National
Commission for Minorities under a constitutional provision would inspire greater
confidence amongst the minorities and the Commission would be more effective in
safeguarding their interests. It is, therefore, proposed to amend the Constitution by
way of insertion of a new article 340A in the Constitution.
3. The Bill seeks to achieve the above objects.
NEW DELHI; MEIRA KUMAR.
The 16th December, 2004.
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FINANCIAL MEMORANDUM
Clause 2 of the Bill seeks to insert a new article 340A in the Constitution for setting up
of a Commission for the Minorities to be known as the National Commission for Minorities.
The proposed Commission shall consist of a Chairperson, Vice-Chairperson and five other
Members.
2. It is proposed to repeal the National Commission for Minorities Act, 1992 and
dissolve the Commission constituted thereunder by enacting the National Commission for
Minorities (Repeal) Bill, 2004 introduced separately. It is also proposed to utilise the services
of the Secretary and other officers and emloyees of the National Commission for Minorities
constituted under the said Act for the proposed Commission.
3. An amount of Rs. 303 lakhs has been provided for the National Commission for
Minorities constituted under the National Commission for Minorities Act, 1992 for the year
2004-05 under Non-Plan. It is estimated that no additional recurring or non-recurring
expenditure is likely to be involved during the said financial year for setting up the Commission
under the proposed new article 340A of the Constitution, when enacted.
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LOK SABHA
————
A
BILL
further to amend the Constitution of India
————
(Shrimati Meira Kumar, Minister of Social Justice and Empowerment)
MGIPMRND—3666LS—17.12.2004.
The status of this bill pending to standing commity,we all jain community shuld meet the minority ministers,amd all IMP MP's{Member of Parliment}to support this bill &as early As possible to passes it.Thank U manishkothekar@gmail.com manishkothekar.blogspot.com