Question

2. Whether National Commission for Scheduled Castes (NCSC) can enforce the implementation of constitutional reservation for the Scheduled Castes in the religious minority institutions? Examine.

Answer 1

Before 2004, NCSC had a slightly different role. Then the administrative machinery was supposed to look into any infringement of any nature in religious minority institutions and then complete an investigation before submitting a report to the ministry.

Now, the officers in NCSC are not assigned any role to look into any kind of cases related to religious minority institutions.

Answer 2

ANSWER:

No, ‘National Commission for Scheduled Castes (NCSC)’ can enforce the implementation of ‘constitutional reservation’ for the ‘Scheduled Castes’ in the religious minority institutions.

EXPLANATION:

Under the article 15(4), no caste or system can impose the religious institutions or religious minority institutions. Minority institutions are mentioned under the article 30. Before few days, NCSC inquired AMU i.e. Aligarh Muslim University to provide reservation for SC, ST and OBC based students. They won’t receive reservation as AMU is not ‘minority institute’ it is run by central grants. Minority can protect their language and religious activities but can’t claim for the reservation.