The court’s intervention offers temporary hope, but without prompt appointments, the institutional safeguards for religious minorities risk remaining on paper.

The Delhi High Court has sharply criticised the union government for failing to fill key vacancies in the National Commission for Minorities (NCM), rendering the statutory body effectively defunct for over a year. A bench comprising Chief Justice D K Upadhyaya and Justice Tejas Karia described the ministry of minority affairs’ status report as “absolutely bald and vague,” noting it provided no details on when the appointment process began or its stages. The court ordered the ministry to file a detailed affidavit outlining steps taken and a clear timeline for completing the appointments.

The hearing stemmed from a public interest litigation (PIL) filed by Mujahid Nafees, convenor of the Minority Coordination Committee. The petition highlighted “serious executive dereliction” that has paralysed the quasi-judicial body tasked with protecting minority rights.

Earlier Judicial Concern and Escalating Criticism

On January 30, 2026, the same bench had already expressed “grave concern” over the NCM’s non-functional status, observing that it lacked a chairperson or members since April 2025. The court had directed the union government to explain the delay and indicate a timeframe for filling the posts. Despite this, the government’s response on February 6 failed to satisfy the judges, prompting the fresh order.

Vacancies That Have Left the Commission Headless

The NCM, established under the National Commission for Minorities Act, 1992, comprises a chairperson, vice-chairperson, and five members – one each representing Muslims, Christians, Sikhs, Buddhists, Parsis (Zoroastrians), and Jains. All seven positions have remained vacant since late 2024.

The last chairperson, Iqbal Singh Lalpura (a Sikh and former BJP lawmaker), completed his tenure on April 12, 2025. Several members retired in November 2024 after their terms ended. Notably, no Christian representative has served since George Kurian retired in March 2020. The commission has been largely inactive since late 2024, with its website showing no current members.

Critical Functions of the NCM Left Unfulfilled

The NCM’s mandate includes evaluating the progress of minority development schemes, monitoring constitutional and legal safeguards, investigating complaints of rights violations, and recommending effective implementation measures to central and state governments. It holds powers akin to a civil court for summoning witnesses, discovering documents, and receiving evidence on oath.

With no functioning body, minorities – approximately 18 per cent of India’s 1.4 billion population (Muslims 14.2 per cent, Christians 2.3 per cent, Sikhs 1.7 per cent, and smaller groups) – have lacked an institutional mechanism to address grievances related to discrimination, hate crimes, educational and economic disparities, or violations of safeguards under Articles 25-30 of the Constitution.

Voices of Concern from Minority Communities

Christian rights activist Minakshi Singh expressed hope that the government would act swiftly, warning that continued delays would cause further suffering to minorities. Muhammad Arif, chairman of the Centre for Harmony and Peace, voiced deeper fears: the government’s inaction “raises suspicions that it may be attempting to do away with the commission altogether.” He described the NCM as the country’s highest quasi-judicial body for minority protection.

Activists point out that the prolonged vacuum has coincided with rising communal tensions, anti-conversion laws in several states, and reports of discrimination, leaving minorities without a dedicated national watchdog.

Government’s Response and Political Context

The ministry of minority affairs has so far submitted only generic status reports without timelines or concrete steps. The Bharatiya Janata Party (BJP)-led government, often criticised for its pro-Hindu majoritarian tilt, has faced repeated judicial nudges on minority institutions. Similar delays have affected other bodies, but the NCM’s paralysis stands out given its statutory mandate.

The court’s intervention offers temporary hope, but without prompt appointments, the institutional safeguards for religious minorities risk remaining on paper.

As the next hearing approaches, the Delhi High Court’s firm stance underscores the judiciary’s role in enforcing executive responsibility. For India’s diverse minorities, timely reconstitution of the NCM is not merely administrative – it is essential for upholding constitutional promises of equality and justice.