- Apprentice Lawyer
The Supreme Court today issued notice in a petition by Jamiat Ulama-i-Hind seeking the removal of government control over appointment of the Chairperson and members of the National Commission for Minority Educational Institutions.
Notice was issued by the Bench of Justices L Nageswara Rao, Navin Sinha and Indu Malhotra.
The plea seeks that appointments to the Commission be made on the basis of recommendations by a committee appointed by the Chief Justice of India.
As per Section 3 of the National Commission for Minority Educational Institutes Act, 2004, the Commission must consist of a Chairperson and three members. The Chairperson is a retired judge of a High Court and the members are required to be persons of eminence, ability and integrity.
The plea by Jamiat Ulama-i-Hind states that "there is a need to protect judicial independence by maintaining judicial dominance."
It avers that since the Commission is formed under an Act of Parliament, it is not a government body, but a "full fledged part of the judicial system."
Thus, the plea avers that appointments to the Commission be made on the recommendations of a committee constituted by the Chief Justice of India till the National Tribunals Commission is formed.
It has been claimed in the plea that the terms of two members of the present Commission were about to expire in December 2020 and that efforts are on to "reappoint them for the next five years."