Delhi High Court asks Centre to clarify stand on vacant posts in National Commission for minorities
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The Delhi High Court on Wednesday directed the Union government to clarify its position on filling the vacant posts in the National Commission for Minorities (NCM), including that of the chairperson.
A division bench of Chief Justice D.K. Upadhyaya and Justice Tushar Rao Gedela called the matter “very very important” and asked the government’s counsel to obtain instructions regarding the unfilled positions.
The court was hearing a petition filed by Mujahid Nafees, who identified himself as the Convenor of the Minority Coordination Committee, an organisation working for the welfare of minorities across India.
During the hearing, Nafees’s counsel informed the court that the post of NCM chairperson had been vacant since April 22. As the government’s counsel sought more time to seek instructions, Justice Gedela remarked that they should make sure things started moving and should not wait for the next date, stressing that the matter was very important.
The plea highlights vacancies in key positions, including the chairperson, vice-chairperson, and all five members of the Commission. It argues that the government’s inaction has led to a “complete and systematic incapacitation” of the statutory body.
The petition states that the executive dereliction had rendered a vital statutory body - created by an Act of Parliament for the protection and welfare of India’s notified minority communities - entirely defunct and headless.
According to the plea, a “series of demissions from office,” starting from November 2024 and culminating in the chairperson’s exit in April 2025, has resulted in the Commission “for all practical purposes” ceasing to function.
The petitioner also stated that he had made a formal representation to the government on August 20, 2025, but had received no response. The petition added that it was a final recourse, seeking a writ of mandamus to compel the respondent to uphold its statutory duty, respect the will of Parliament, and restore the constitutionally guaranteed safeguards for minority communities by making immediate appointments to the NCM.
The matter will next be heard on November 14.