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The Central Government has submitted before the Top Court that the State Governments also have the power to declare a religious or linguistic community as a ‘minority community’ within the concerned State. 

In its affidavit, the Centre has also cited the example of the Government of Maharashtra which had notified the "Jews" as a minority community within the State of Maharashtra in July 2016.

Last month, the Supreme Court had given a final opportunity to the central government to file its response in the plea seeking direction as to whether the Centre can introduce a Uniform Education Code in harmonious construction of Articles 29-30 with Articles 14,15,19 of the Constitution of India.

Advocate Ashwini Kumar Upadhyay, in the instant plea, had submitted that Article 29 (Protection of Interest of Minorities) and Article 30 (Right of Minorities to Establish and Administer Educational Institutions) were brought in keeping in view the then situation and after-effects of the religious partition in mind.

In the present affidavit, Shubhendu Shekhar Srivastava, Under Secretary, Ministry of Minority Affairs further stated that followers of Judaism, Bahaism, and Hinduism, who are minorities in Laddakh, Mizoram, Lakshadweep, Kashmir, Nagaland, Meghalaya, Arunachal Pradesh, Punjab, and Manipur can establish and administer educational institutions of their choice in the
said State and laying down guidelines for identification of such minorities at the State level may be considered by the concerned State Governments.

The Central Government has further submitted that its minority welfare schemes are meant for underprivileged students and economically weaker sections of the minority community and are not for everyone belonging to the minority community and hence do not suffer from any constitutional infirmity.

"These schemes are only enabling provisions so as to achieve inclusiveness and therefore cannot be held to suffer from any infirmity. The support given, under these schemes, to the disadvantaged/underprivileged children/candidates of minority communities cannot be faulted with", the affidavit states.

Accordingly, it has also been argued in the affidavit that the National Commission for Minorities Act, 1992 is not arbitrary or irrational and does not violate any provisions of the Constitution. 

Further, the Supreme Court has been urged to dismiss the instant petition on the ground that on three earlier occasions, similar pleas were dismissed by it.

Furthermore, upon the reply submitted by the Centre, Adv. Ashwini Kumar Upadhyay has commented, "When we have NCW, NHRC & Social Justice Ministry for all then what is need of Minority Affair Ministry & Minority Commission on religious basis? Ministry & Commission on religious basis is arbitrary irrational & against constitutional ethos- Fraternity Unity & National Integration.."

Case title: Ashwini Kumar Upadhyay vs. Union of India