Jobs @ MG
Published in the 1-15 Jan
2005 print edition of MG; send me the print edition
Observations on the National Commission for Minority Educational Institutions Bill 2004
The Bill consisting of 25 sections, provides for the Constitution of a National Commission for Minorities Educational Institutions and matters relevant to or incidental there to, and it does not specify the purpose for which it is constituted, except its faculties / powers which are specified in section II of the Bill. Hence the preamble is silent about the aims and objects of the Commission, which is supposed to be the part of the Bill.
There are only 2 sections which speak about the substance of the Bill. Other sections and the entire Bill deal with administrative and financial matters, not connected with the interest of the minority educational institutions.
Section 10, dealing with the Right of Minorities Educational Institutions, only contemplates the right to seek negotiations as affiliated college of a scheduled university, which include only 6 central universities.
“Affiliation” is defined U/s. 2(a) to mean the affiliation with scheduled universities and not with any other university.
U/s. 2(i) `qualification’ and U/s. 2(l) `University’ is defined, which terms are never used in the Bill.
Section 11 (a) dealing with the functions and powers of the Commission, relates only to the `advice’ to central / State Government on reference, not otherwise, suo moto by the Commission.
Section 11 (b), two purposes are specified, viz 1. to look into specific complaints regarding deprivations or violation of rights of minorities to establish and administer educational institutions of their own choice; 2. any dispute relating to affiliation to a scheduled university --- The right defined U/s.10. The right mentioned in item (1) above is a constitutional right U/s.30, of which no reference is made.
Commission has to report its findings on the above issue to Central Government for implementation. a. But, how the Central Government would implement the findings of the Commission is not mentioned, nor the Central Government obtained for itself any such power to implement.
The role of the Central Government in the Central Universities has to be examined in the light of the relevant university’s Act.
The glaring lacuna of the Bill is the exclusion /Omission of State Universities which reduces the utility of the Bill to a minimum.
The powers / functions of the Commission are in conflict with the State Minorities Commissions
Section 12(2) gives all powers of a Civil Court but the power to execute / implement its findings (judgments) are left to the Central Government.
Article 30 of the Constitution of India confers right on minorities to establish and maintain educational institutions of their own choice but it does not give right to seek recognition / affiliation from a university which is governed by the university’s rules / regulations, which is upheld by SC in St. Xavier’s College are as `price for recognition’.
The proposed bill would create several constitutional and legal problems in the midst of which the enjoyment of the rights by the Minorities Educational Institutions would be lost.
Prof. Ahmedulla Khan
and Bashiruddin Babukhan
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