President of India promulgates ordinance to amend the National Commission for Minority Educational Instittuions Act, 2004 (No. 2 of 225)
The National Commission for
Minority Educational Institutions Act, 2004 came into effect from 11th
November, 2004. The setting up of the Commission is a significant initiative of
the present government to contribute to educational development of minorities and
to protect their constitutional right to establish and administer educational
institutions of their choice. The Commission has evoked great expectations
among the minority communities and it has been receiving large number of
applications for redressal of various grievances. Several suggestions have been
received for making the Commission more effective and pro-active. These
suggestions and the representations were examined and the National Commission
for Minority Educational Institutions was also consulted. Thereafter a bill
entitled the National Commission for Minority Educational Institutions
(Amendment) Bill, 2005 to amend the National Commission for Minority
Educational Institutions Act, 2004 was introduced in the Rajya Sabha during the
Monsoon Session of Parliament in 2005.
The House referred it to the Parliamentary Standing Committee relating
to Human Resource Development.. The Parliamentary Standing Committee examined
the proposed amendments and the Report of the Committee was presented to the Rajya
Sabha on 6th December, 2005.
However the NCMEI(Amendment) Bill could not be taken up for
consideration in the last session of Parliament.
2 In
the meanwhile during the last Session of Parliament both Houses of Parliament
passed the Constitution (Ninety Third Amendment) Bill, 2005. According to this
amendment the State can by law make “special provision by law for the
advancement of any socially and educationally backward classes of citizens or
for the Scheduled Castes or the Scheduled Tribes in so far as such special
provisions relate to their admission to educational institutions including
private educational institutions, whether aided or unaided by the State, other
than the minority educational institutions referred to in Clause (I) of article
30”. The Consitution (93rd Amendment) Act 2005 has come into force
w.e.f. the 20th January 2006.
3 Because
of the constitutional amendment, state legislatures are now competent to make
reservations for the weaker sections for admission in aided or unaided educational
institutions falling in each State’s domain, except those declared by the
relevant authorities in each State as minority educational institutions. It has
therefore become necessary that eligible minority educational institutions in
each state enjoy the exemption under Article 15(5) while ineligible
institutions do not do so. Since the NCMEI Act (amendment) Bill could not be
taken up for consideration by Parliament and admission processes in respect of
the new academic session is underway, it was considered urgent and necessary to
promulgate an Ordinance under Article 123 of the Constitution on the lines of
the provisions of the pending Bill including a provision to empower the
Commission to determine the minority status of educational institutions, where
such status is disputed.
4 The
Cabinet in its meeting held on 6th Jan., 2006 approved the proposal
for promulgation of an Ordinance to amend the National Commission for Minority
Educational Institutions Act, 2004. Accordingly the President of India has
promulgated an Ordinance on 23rd Jan.2006 amending the National
Commission for Minority Educational Institutions Act 2004 (No.2 of 225).
PRA:AD:NC: (7)
(Release ID :15096)