Holding

The Court held that the Commission’s recommendation is advisory, the exclusive power to notify a minority under section 2(c) rests with the Central Government, and such notification must be made on a state‑wise basis after considering social, cultural and religious conditions, not merely numerical minority.

Summary

The petitioners, representing a section of the Jain community, filed a writ petition seeking a direction to the Central Government to notify Jains as a minority under section 2(c) of the National Commission for Minorities Act, 1992, based on a recommendation of the National Commission. The High Court dismissed the petition, holding that the issue was sub‑judice before the Supreme Court in the T.M.A. Pai case. On appeal, the Supreme Court examined whether the Commission’s recommendation is binding and whether the power to notify a minority lies with the Central Government or the States after the T.M.A. Pai decision. The Court held that the Commission’s recommendation is merely advisory and that the exclusive power to notify a minority rests with the Central Government, which must assess minority status on a state‑wise basis, considering social, cultural and religious conditions, not merely numerical minority. It further clarified that the determination of minority status must follow the principle laid down in T.M.A. Pai that the unit of determination is the State. Consequently, the appeal was dismissed and no relief was granted to the petitioners.

Issues considered

Whether the recommendation of the National Commission for Minorities under section 9 of the Act is binding on the Central Government for notification of a community as a minority under section 2(c).
Whether the power to notify a minority community under section 2(c) of the Act lies solely with the Central Government or with the State Governments after the T.M.A. Pai judgment.
Whether minority status must be determined on a state‑wise basis considering social, cultural and religious factors, and not merely on numerical minority.
Whether the Central Government can abdicate its statutory responsibility to notify minorities following the T.M.A. Pai decision.

Legislation cited

Constitution of Indias. Article 25, s. Article 26, s. Article 27, s. Article 28, s. Article 29, s. Article 30
National Commission for Minorities Act, 1992s. 2(c), s. 9
States Reorganisation Act, 1956

Subjects

Minority statusNational Commission for Minorities ActJain communityCentral GovernmentStatewise determinationArticle 30T.M.A. Pai judgmentadvisory recommendation

Judgment

BAL PATIL AND ANR. A
V.

UNION OF INDIA AND ORS.

AUGUST 8, 2005

[R.C. LAHOTI, CJ., D.M. DHARMADHIKARI AND PK. B
BALASUBRAMANY AN, JJ.)

National Commission for Minorities Act, 1992-Section 2(c) and 9-
Jain Co1nmunity-Reconunendation by Minority Commission to Ce111ral
Governn1entfor declaration as n1inoritycommunity-1¥rit Petition--Disposal C
of by High Court on the ground that issue regarding status of minority
pending before Constitution Bench in Supreme Court-Appeal-Constitution
Bench decided that n1inorities to be considered statewise-Stand of Central
Governmen-' that it was for the State Government to decide the status of the
comnzunity-Held: Po1ver u1's. 2(c) vest in Central Governn1ent which on its
01vn assessment is to deter1nine the n1inority status of a co1nn1unity- D
Con1n1ission not having power to identify its notification and recommendation
has no binding effect-Identification has to be done on State basis-
However, the determination has to be by considering social, cultural and
religious conditions of the Cornn;unity-Numerical minority cannot be sole
criteria-Constitution of India-Article 25, 26, 27, 28, 29 and 30. E
Minority Commission-Functions-Scope and nature of-Held : The
Con1n1ission should act in a n1anner so as to maintain integrity and unity of
the nation by gradually eliminating the minority and majority classes..

National Minority Commission made recommendations in favour of F
'Jain' Community. Appellant-Organisation filed Writ Petition seeking
issuance of direction to the Central Government to notify 'Jains' as a
minority community u/s. 2(c) of the National Commission for Minorities
Act, 1992. High Court disposed of the petition on the ground that the
claim of various communities to the status of minority for the purpose
of seeking constitutional protection was one of the main issues pending G
before Supreme Court in TMA Pai case, Hence the present appeal. In TMA
Pai case it was held that religious and linguistic minorities had to be
considered Statewise and not countrywise. After the decision Central
Government took the stand that in view of the decision it was for the State
Government to decide as to whether Jain Community should be treated H
459
460 SUPREME COURT REPORTS (2005) SUPP. 2 S.C.R.

A as a minority community in the respective States.

Disposing of the appeal, the Court

HELD : 1.1. In view of the general functions of the Commission
enumerated under section 9 of National Commission for Minorities Act,
B 1992 which are only illustrative and not exhaustive, the Commission
cannot be said to have transgressed its authority in entertaining
representation, demands and counter-demands of members of Jain
community for the status of 'minority' Keeping in view the provisions of
the Act, the recommendation made by the Commission in favour of the
C Jains is in the nature of advice and can have no binding effect. The power
under section 2(c) of the Act vests in the Central Government which
alone, on its own assessment, has to accept or reject the claim of status
of minority by a community. (465-D-E) ·.
1.2. After the verdict in TMA Pai Foundation case, the legal position
D stands clarified that henceforth the unit for determining status of both
linguistic and religious minorities would be 'state'. Henceforth, before the
Central Government takes decision on claims of Jains as a 'minority'
under Section 2(c) of the Act, the identification has to be done on a state-
wise basis. The power of Central Government has to be exercised not
E merely on the advice and recommendation of the Commission but on
consideration of the social, cultural and religious conditions of the Jain
community in each State. Statistical data produced to show that a
community is numerically a minority cannot be the sole criterion. The
provisions contained in the group of Article 25 to 30 is a protective
umbrella against the possible. deprivations offundamental right ofreligious
F freedoms of religious and linguistic minorities. (465-F-G; 466-D-F)

2. Commissions set up for minorities have to direct their activities
to maintain integrity and unity of India by gradually eliminating the
minority and majority classes. If, only on the basis of a different religious
thought or less numerical strength or lack of health, wealth, education,
G power or social rights, a claim of a section of Indian society to the status
of 'minority' is considered and conceded, there would be no end to such
claims in a society as multi-religious and multi-linguistic as India is. In
a caste-ridden Indian society, no section or distinct group of people can
claim to be in majority. If each minority group feels afraid of the other
H group, an atmosphere of mutual fear and distrust would be created
BAL PATIL v. U.0.1. [DHARMADHIKARI, J.] 461

posing serious threat to the integrity of our Nation. That would sow seeds A
of multi-nationalism in India. It is, therefore, necessary that Minority
Commission should act in a manner so as to prevent generating feelings
of multinationalism in various sections of people of Bharat. The
Commission instead of encouraging claims from different communities
for being added to a list of notified minorities under the Act, should B
suggest ways and means to help create social conditions where the list of
notified minorities is gradually reduced and done away with altogether.
[472-C-F)

T.MA. Pai Foundation v. State of Karnataka, [2002) 8 SCC 481,
followed. c
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 4730of1999.

From the Judgment and Order dated 17.9.98 of the Bombay High_Court
in W.P. No. 4066 of 1998.
D
U.U. Lalit, Prasenjit Keswani, Nitin Sangara, Amo! Chitale and Prashant
Kumar for the Appellants.

B. Datta, Additional Solicitor General, Mrs. Rekha Pandey and Hemani
Sharma, Advs. with him for the Respondents.
E
The Judgment of the Court was delivered :

DHARMADHIKARI, J.: The appellant is an organization representing
a section of Jain community. It approached by writ petition the High Court
of Bombay seeking issuance of a mandamus/direction to the Central
Government to notify 'Jains' as a 'minority' community under section 2(c) F
of the National Commission for Minorities Act, 1992 (shortly referred to as
the Act).

Section 2(c) of the Act defines minority thus :-

"Minority, for the purposes of this Act, means a community notified G
as such by the Central Government;"

The High Court of Bombay by the impugned order simply disposed off
the petition on the ground that the claim of various communities to the status
of 'minority' for purpose of seeking constitutional protections is one of the H
462 SUPREME COURT REPORTS (2005] SUPP. 2 S.C.R.

A main issues pending before a b~nch of eleven judges of this court in the case
of TMA Pai Foundation, [2002] 8 SCC 481.

This appeal stood adjourned on several dates awaiting the judgment in
the TMA Pai Foundation case. In the counter affidavit filed the Central
Government stated that they would abide by the judgment of the eleven
B judges' Bench in TMA Pai Foundation case and thereafter consider the claim
of fains to the status of minority community under the Act.

During the pendency of this appeal, the eleven judges' Bench decision
in TMA Pai was delivered and the decision is reported in (2002] 8 SCC 481.
c Amongst several questions which were formulated for answer by the
eleven judges Bench the most important question included was as under:-

"What is the meaning and content of the expression "minority" in
Article 30 of the Constitution of India?"
D
The answer in the opinion of majority in the Bench of eleven judges
speaking through Kirpal, CJ (as he then was) is the following :-

Ans: Linguistic and religious minorities are covered by the expression
"minority" under Article 30 of the Constitution. Since reorganization
E of the States in India has been on linguistic lines, therefore, for the
purpose of determining the minority, the unit will be the State and
not the whole oflndia. Thus, religious and linguistic minorities, who
have been put on a par in Article 30, have to be considered statewise.
[Emphasis added}
F
After the decision of the eleven judges' Bench case (supra), additional
affidavit by the Central Government through its Joint Secretary, Ministry of
Social Justice & Empowerment has been filed. The stand now taken by the
Central Government in this aopeal before this court is that in accordance with
the law laid down by the majority opinion in the TMA Pai case (supra), it
G is "for the State Government to decide as to whether the Jain community
should be treated as .a minority community in their respective states after
taking into account their circumstances/conditions in that state". It is also
informed that the State Governments of Chhatisgarh, Maharashtra, Madhya
Pradesh, Uttar Pradesh and Uttaranchal have already notified fains as
H 'minority' in accordance with the provisions of the respective State Minority
BAL PATIL v. U.0.1. [DHARMADHlKARl, J.] 463

Commissions Act. A

Learned Counsel U.U. Lalit, in the light of law declared in the decision
of the eleven judges' Bench (supra) and the consequent stand taken by the
Central Government, strenuously urged that for the purpose of notifying a
community as 'minority' at the national level, the Central Government, which
is empowered to consider the claim of a particular community for being
B
notified as such under section 2(c), cannot shirk its statutory responsibility.
It is argued that the legal position explained by the majority view in the eleven
judges Bench case that State Governments can determine the minority status
of a community in states formed on linguistic basis under States Reorganisation
Act, 1956 does not render the power of Central Government under section c
2( c) of the Act redundant.

Learned counsel representing the claim of the members of the Jain
community before this court further submitted that in accordance with section
2(c) of the Act, Muslims, Christians, Sikhs, Buddhists, Zoroastrians (Parsees)
D
have already been notified as minority communities for the purpose of the
Act and the Jains having substantiated their claim of
being a religious minority, the refusal to notify them as such under the Act
is unjustified and abdication of statutory powers of the Central Government.

We have heard Learned Additional Solicitor General Shri B. Dutta, E
appearing for the Central Government who merely reiterated the stand taken
in the affidavit filed on behalf of the government that in view of the judgment
in TMA Pai case (supra), the Central Government henceforth will have no
role to play. It is for the respective State Governments to take decision on
the claim of Jains depending upon their social condition in the respective F
states.

The expression 'minority' has been used in Articles 29 and 30 of the
Constitution but it has nowhere been defined. The Preamble of the Constitution
proclaims to guarantee every citizen 'liberty of thought, expression, belief,
faith & worship'. Group of Articles 25 to 30 guarantee protection of religious, G
cultural and educational rights to both majority and minority communities.
It appears that keeping in view the constitutional guarantees for protection
of cultural, educational and religious rights of all citizens, it was not felt
necessary to define 'minority'. Minority as understood from constitutional
scheme signifies an identifiable group of people or community who were H
464 SUPREME COURT REPORTS (2005] SUPP. 2 S.C.R.

A seen as deserving protection from likely deprivation of their religious,
cultural and educational rights by other communities who happen to be in
majority and likely to gain political power in a democratic form of Government
based on election.

In the background of constitutional scheme, the provisions of the Act
B therefore instead of giving definition of 'minority' only provide for notifying
certain communities as 'minorities' who might require special treatment and
protection of their religious, cultural and educational rights. The definition
of 'minority' given under the Act in section 2(c) is in fact not a definition
as such but only a provision enabling the Central Government to identify a
c community as a 'minority' which in the considered opinion of the Central
Government deserves to be notified for the purpose of protecting and
monitoring its progress and development through the Commission.

The Statement of Objects and Reasons for the enactment reads thus:-

D "The Minorities Commission was set up on January, 1978 for
providing an institutional arrangement for evaluating the safeguards
provided in the Constitution for protection of the minorities and to
make recommendations for ensuring implementation of the safeguards
and the laws.
E
The Minorities Commission with statutory status would infuse
confidence among the minorities about the working and the
effectiveness of the Commission. It would also carry more weight
with the State Governments/ Union Territory Administrations and
the Ministries/ Departments and the other Organizations of the
F Central Government.

It has, therefore, been decided to give statutory status to the
Minorities Commission by the proposed legislation.

The National Commission for Minorities will consist of a Chairperson
G
and six members.

The main task of the Commission shall be to evaluate the progress
of the development of minorities, monitor the working of the
safeguards provided in the Constitution for the protection of the
H interests of minorities an.d in laws enacted by the Central Government
BAL PATIL v. U.O.L [DHARMADH!KARJ, J.] 465

or State Governments, besides looking into the specific complaints A
regarding deprivation of rights and safeguards of the minorities. ft
shall also cause studies, research and analysis to be undertaken on
the issues relating to socio-economic and educational development
of the minorities and make recommendations for the effective
implementation of the safeguards for the protection and interests of
minorities by the Central Government or State Governments. It may
B
also suggest ·appropriate measures in respect of any minority to be
undertaken by the Central Government or State Government."

The Commission set up under the Act has several functions to perform,
which are provided, in section 9. The functions entrusted are for ensuring C
progress and developn1ent of minorities and protecting their religious,
cultural and educational rights. There is no specific function conferred under
section 9 on the Commission to identify any community as a 'minority' and
recommend to the Central Government that it be so notified under section
2(c) of the Act.
D
On considering the general functions of the Commission enumerated
under section 9 which are only illustrative and not exhaustive, the Commission
cannot be said to have transgressed its authority in entertaining representation,
demands and counter-demands of members of Jai!'l community for the status
of 'minority'. Keeping in view the provisions of the Act, the recommendation E
made by the Commission in favour of the Jains is in the nature of advice and
can have no binding effect The power under section 2(c) of the Act vests
in the Central Government which alone, on its own assessment, has to accept
or reject the claim of status of minority by a community.

After the verdict in the eleven judges' Bench in TMA Pai Foundation F
case (supra), the legal position stands clarified that henceforth the unit for
detennining status of both linguistic and religious minorities would be 'state'.
This position is doubly clear not only from the answer given in conclusion
to question no. 1 quoted above but also the observations contained in para£
76 and 81 of the majority judgment quoted hereinafter. G
"76. If therefore, the State has to be regarded as the unit for
determining "linguistic minority" vis-a-vis Article 30, then with
"religious minority" being on the same footing, it is the State in
relation to which the majority or minority status will have to be
determined H
466 SUPREME COURT REPORTS [2005] SUPP. 2 S.C.R.

A 81. As a result of.the insertion of Entry 25 into List III, Parliament
can now legislate in relation to education, which was only a State
subject previously. The jurisdiction of Parliament is to make Jaws
for the whole or a part of India. It is well recognized that
geographical classification is not violative of Article 14. It would,
therefore, be possible that, with respect to a particular State or group
B of States, Parliament may legislate in relation to education. However,
Article 30 gives the right to a linguistic or religious minority of a
State to establish and administer educational institutions of their
choice. The minority for the purpose of Article 30 cannot have
different meanings depending upon who is legislating. Language
c being the basis for the establishment of different States for the
purposes of Article 30, a "linguisti~ minority" will have to be
· . determined in relation to the State in which the educational
institution is. sought to be established The position with regard to
the religious minority is similar, s_ince both religious and linguistic
minorities have been put on a par in jlrticle 3p. "
D
[E;,,phasis added]

Henceforth, before the Central Government takes decision on claims of
Jains as a .'minority' under section 2(c) ·of the Act, the.identification has to
· be done ori a state basis. The power of Central Government has to be
E exercised not inerely on the advice and recommendation of the Commission
but on consideration of the social, cultural and religious conditions of the Jain
community in eacjl state. Statistical data produced to show that ~ community
is numerically a minority cannot be the sole criterion. If it fs found that a
majority of the members o~ the community belong to the affluent class of
industrialists, businessmen, professionals and propertied class, it may not be
F necessary to notify them under the Act as such and extend any special
treatment or protection to them as minority. The provisions contained in the
group of Articles 25 to 30 is a protective umbrella against the possible
deprivations of fundamental right of religious freedoms of religious and
linguistic minorities.
G
The recommendation in favour of Jains by the National Minority
Commission was made before the Eleven Judges' Bench of this Court in TMA
Pai case (supra) had clarified the concept of 'minority' for the purpose of
extending constitutional protection.

H It is not for this court to· issue any direction or mandate on the basis
BAL PATIL v. U.0.1. [DHARMADHIKARI, J.] 467

of the claim of some members of the Jain community, which is opposed to A
by another section of the same community.

Before parting with this case, this Court cannot resist from making some
observations which are considered necessary in order to remind the National
and State Commissions for Minorities, the scope and nature of their functions
under the provisions of the Act and the role they have to play in constitutional
B
perspective.

The history of the struggle for independence of India bears ample
testimony of the fact that the concept of 'minorities' and the demands for
special care and protection of their religious and cultural rights arose after c
bitter experience ofreligious conflicts which intermittently arose in about 150
years of British Rule. The demand of partition gained momentum at the time
the Britishers decided to leave by handing over self-rule to Indians. The
Britishers always treated Hindus and Muslims as two different groups of
citizens requiring different treatment. To those groups were added Anglo-
D
Indians and Christians as a result oflarge scale inter-marriages and conversions
of several sections of communities in India to Christianity. Prior to passing
of the Independence Act oflndia to hand over self-rule to Indians, Britishers
in the course of gradually conceding some democratic rights to Indians,
contemplated fonnation of separate constituencies on reservations of certain
seats in legislature in proportion to the population of Hindus and Muslims. E
That attempt was strongly resisted by both prominent Hindu and Muslim
national leaders who had jointly and actively participated in the struggle for
independence of India.

The attempt of the Britishers to form separate electorates and make F
reservations of seats on the basis of population of Hindus and Muslims,
however, ultimately led to revival of demand for reservations of constituencies
and seats in the first elected government to be formed in free India. Resistance
to such demands by Hindu and some Muslim leaders ultimately led to
partition of India and formation of separate Muslim State presently known
as Pakistan. G

Many other revelations concerning competing claims for reservation of
seats on religious basis can be gathered from the personal diary of prominent
national leader late Abdul Kalam Azad. The diary was made public, in
accordance with his last wish only after 25 years of independence. The H
468 SUPREME COURT REPORTS [2005] SUPP. 2 S.C.R.

A publication of Azad's diary made it necessary for constitutional expert H. M.
Seervai to re-write his chapter under caption 'Partition of India Legend and
Reality' in his book on 'Constitutional Law of India'. Many apprehensions
and fears were expressed and disturbed the minds of the Muslims. They
thought in democracy to be set up in India, the Hindus being in majority
would always dominate and retain political power on the basis of their voting
B
strength. There were also apprehensions expressed by many prominent
Muslim leaders that there might be interference with and discouragement to
their cultural, religious and educational rights. Abdul Kalam Azad acted as
mediator in negotiations between the national leaders of the times namely late
Nehru and Patel on one side and late Jinnah and Liaqat Ali on the other.
C Nehru and Patel insisted that in the new Constitution, there would be one
united India belonging to people of various religious faiths and cultures with
all having full freedom of their social, cultural, religious and other constitutional
rights. They advocated one single citizenship to every Indian regardless of
his language or religion. The opposing group of Muslim leaders, in the
D interest of members of their community, insisted on providing to them
participation in democratic processes proportionate to their ratio of population
and thus counter-balance the likely domination of Hindu majority. They also
insisted that separate electoral constituencies based on their population be
formed and seats be reserved for them in different parts of India. Late Abdul
Kalam Azad tried his utmost to find a rriidway and thus break the stalemate
E between the two opposing groups but Nehru and Patel remained resolute and
rejected the proposal of Jinnah and Liaqat Ali. The tragic result was that
provinces with the highest Muslim population in the erstwhile States of
Sindh, Punjab and Baluchistan had to be ceded to form a separate theocratic
nation - Pakistan. See the following paragraph 1.314 at pg. 153 of
F 'Constitutional Law of India' by H.M. Seervai, Fourth Edition, Vol.I :-

"l.314. Azad passionately believed in Hindu-Muslim unity, but he
found that from the mid-twenties Gandhi had lost interest in Hindu-
Muslim unity and took no steps to secure it. Further, Azad had
played a leading part in providing a framework for the Constitution
G of a free and united India on which ire Cabinet Mission Plan was
largely based, a Plan which offered India her last chance to remain
united. However, Gandhi, Nehru and Patel destroyed the Plan, and
accepted partition instead. Azad did his utmost to prevent the
partition of India, but he failed to persuade Nehru and Gandhi not
H to accept partition."
BAL PATIL v. U.O.l. [DHARMADHIKARl, J.] 469

It is against this background of partition that at the time of giving final A
shape to the Constitution of India, it was felt necessary to allay the
apprehensions and fears in the minds of Muslims and other religious
communities by providing to them special guarantee and protection of their
religious, cultural and educational rights. Such protection was found necessary
to maintain unity and integrity of free India because even after partition of
India, communities like Muslims and Christians in greater numbers living in
B
different parts of India opted to continue to live in India as children of its
soil.

It is with the above aim in view that the framers of the Corstitution
engrafted group of A1ticles 25 to 30 in the Constitution of India. The C
minorities initially recognized were based on religion and on national level
e.g. Muslims, Christians, Anglo-Indian and Parsis. Muslims constituted the
largest religious minority because Mughal period of rule in India was longest
followed by British rule during which many Indians had adopted Muslim and
Christian religions.
D
Parsis constituted a numerically smaller minority. They had migrated
from their native State Iran and settled on the shores of Gujarat adopting the
Gujarati language, customs and rituals thus assimilating themselves into the
Indian population.
E
The so-called minority commumttes like Sikhs and Jains were not
treated as national minorities at the time of framing the Constitutio •. Sikhs
and Jains, in fact, have throughout been treated as part of the wider Hindu
community which has different sects, sub-sects, faiths, modes of worship and
religious philosophies. In various codified customary laws like Hindu F
Marriage Act, Hindu Succession Act, Hindu Adoption and Maintenance Act
and other laws of pre and post-Constitution period, definition of 'Hindu'
included all sects, sub-sects of Hindu religions including Sikhs and Jains.

The word 'Hindu' conveys the image of diverse groups of communities
living in India. lfyou search for a person by name Hindu, he is unidentifiable. G
He can be identified only on the basis of his caste as upper caste Brahmin,
Kshatriya or Yaish or of lower caste described in ancient India as Shudras.
Those who fall in the Hindu class of 'Shudras' are now included in the
Constitution in the category of Scheduled Castes with special privileges and
treatment for their upliftment. This was found necessary to bring them at par H
470 SUPREME COURT REPORTS [2005] SUPP. 2 S.C.R.

A with upper castes in Hindu society. The aboriginals, who have no caste were
considered as distinct from four castes or Vamas of Hindu society. They have
been treated favourably in the Constitution as Scheduled Tribes. For them
also there are provisions for special treatment and grant of special privileges
to bring them on level with the other castes from the main advanced streams
of Indian society.
B
There is a very serious debate and difference of opinion between
religious philosophers and historians as to whether fains are of Hindu stock
and whether their religion is more ancient than the vedic religion of Hindus.
Spiritual philosophy of Hindus and fains in many respect is different but the
c quintessence of the spiritual thought of both the religions seems to be the
same. The influence of Hindu vedic religion is quite apparent in the custom,
style of living, belief and faith of Jains. Jains do not worship images or idols
of Gods but worship their Tirathankars meaning their ideal personalities who
have attained human perfection and excellence by a process of self-
improvement. The literal meaning of the word 'Jain' is one who has attained
D
'victory'. It signifies a person who has attained victory over himself by the
process of self-purification. 'Jain' is a religious devout who is continuously
striving to gain control over his desires, senses and organs to ultimately
become master of his own self.

E This philosophy is to some extent similar to the vedic philosophy
explained by Lord Krishna in 'Bhagwat Geeta', where Lord Krishna
describes qualities of a perfect human as 'Stithpragya'. Geeta has used the
example of Tortoise to describe a balanced human-being as one who has
gained full control over his organs like a Tortoise does which whenever
needed, opens its limbs of body and when not needed, closes them.
F
Thus, 'Hinduism' can be called a general religion and common faith
of India whereas 'Jainism' is a special religion formed on the basis of
quintessence of Hindu religion. Jainism places greater emphasis on non-
violence ('Ahimsa') and compassion ('Karuna'). Their only difference from
G Hindus is that Jains do not believe in any creator like God but worship only
the perfect human-being whom they called Tirathankar. Lord Mahavir was
one in the generation of Thirthankars. The Tirathankars are embodiments of
perfect human-beings who have achieved. human excellence at mental and
physical levels. In philosophical sense, Jainism is a reformist movement
H amongst Hindus like Brahamsamajis, Aryasamajis and Lingayats. The three·
BAL PATIL v. U.0.1. [DHARMADHIKARI, J.] 471

- main principles of Jainism are Ahimsa, Anekantvad and Aparigrah. [See :
I) Encyclopedia of Religion and Ethics Vol. 7 pg. 465; 2) History of Jains
A

by A. K. Roy pgs. 5 to 23; and Vinoba Sahitya Vol. 7 pg.· 271 to 284].

It is not necessary to go into greater details of philosophical and
ideological beliefs and conduct of fains. They have been dealt with in
necessary detail in the recommendations of the National Commission for
B
Minorities.

We have traced the history of India and its struggle for independence
to show how the concept of minority developed prior to and at the time of
framing of Constitution and later in the course of its working. History tells c
us that there were certain religious communities in India who were required
to be given full assurance of protection of their religious and cultural rights.
India is a country of people with the largest number of religions and
languages living together and forming a Nation. Such diversity of religions,
culture and way oflife is not to be found in any part of the world. John Stuart
Mill described India as "a world placed at closed quarters". India is a world
D
in miniature. The group of Articles 25 to 30 of the Constitution, as the
historical background of partition of India shows, was only to give a
guarantee of security to the identified minorities and thus to maintain integrity
of the country. It was not in contemplation of the framers of the Constitution
to add to the list of religious minorities. The Constitution through all its E
organs is committed to protect religious, cultural and educational rights of
all. Articles 25 to 30 guarantee cultural .and religious freedom5 to both
majority and minority groups. Ideal of a democratic society, which has
adopted right of equality as its fundamental creed, should be elimination of
majority and minority and so called forward and backward classes. Constitution
F
has accepted one common citizenship for every Indian regardless of his
religion, language, culture or faith. The only qualification for citizenship is
a person's birth in India. We have to develop such enlightened citizenship
where each citizen of whatever religion or language is more concerned about
his duties and responsibilities to protect rights of the other group than
asserting his own rights. The constitutional goal is to develop citizenship in G
which everyone enjoys full fundamental freedoms of religion, faith and
worship and no one is apprehensive of encroachment of his rights by others
in minority or majority.

The constitutional ideal, which can be gathered from the group of H
A
472 SUPREME COURT REPORTS [2005] SUPP. 2 S.C.R.

articles m the Constitution under Chapters of Fundamental Rights and
Fundamental Duties, is to create social conditions where there remains no
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necessity to shield or protect rights of minority or majority.

The above mentioned constitutional goal has to be kept in view by the
Minorities Commissions set up at the Central or State levels. Commissions
B
set up for minorities have to direct their activities to maintain integrity and
unity of India by gradually eliminating the minority and majority classes. If,
only on the basis of a different religious thought or less numerical strength
or lack of health, wealth, education, power or social rights, a claim of a
section of Indian society to the status of 'minority' is considered and
c conceded, there would be no end to such claims in a society as multi-religious
and multi-linguistic as India is. A claim by one group of citizens would lead
to a similar claim by another group of citizens and conflict and strife would
ensue. As such, the Hindu society being based on caste, is itself divided into
various minority groups. Each caste claims to be separate from the other. In
a caste-ridden Indian society, no section or distinct group of people can claim
D
to be in majority. All are minorities amongst Hindus. Many of them claim
such status because of their small number and expect protection from the
State on the ground that they are backward. If each minority group feels
afraid of the other group, an atmosphere· of mutual fear and distrust would
be created posing serious threat to the integrity of our Nation. That would
E sow seeds of multi-nationalism in India. It is, therefore, necessary that
Minority Commission should act in a manner so as to prevent generating
feelings of multinationalism in various sections of people of Bharat.

The Commission instead of encouraging claims from different
communities for being added to a list of notified minorities under the Act,
F
should suggest ways and means to help create social conditions where the
list ofnotified minorities is gradually reduced and done away with altogether.

These concluding observations were required after the eleven judges
Bench in TMA Pai Foundation Case (supra) held that claims of minorities
G on both linguistic and religious basis would be each State as a unit. The
country has already been reorganized in the year 1956 under the States
Reorganization Act on the basis of language. Differential treatments to
linguistic minorities based on language within the state is understandable but
if the same concept for minorities on the basis of religion is encouraged, the
H whole country, which is already under class and social conflicts due to
- BAL PATIL v. U.0.1. [DHARMADHIKAR!, J.J 473

various divisive forces, will further face division on the basis of religious
diversities. Such claims to minority status based on religion would increase
in the fond hope of various sections of people getting special protections,
A

privileges and treatment as part of corls'-titutional guarantee. Encouragement
to suchjissiparous tendencies \Vould be a serious jolt to the secular structure
1111( of constitutional democracy. We should guard against making our country
B
\ akin to a theocratic state based on multi~nationalis1n. Our concept of
secularism, to put it in a nut shell, is that 'state' will have no religion. The
states will treat all religions and religious groups equally and \Vith equal

- respect without in any manner interfering with their individual rights of
religion, faith and worship.

Let the Co1nmission gear its activities to keep them in right direction
c
with the above constitutional perspective, principles and ideals in its view.

With these observations and concluding remarks, this appeal stands
disposed of as we do not find that any case is made out for grant of any relief
to the appellants in exercise of writ jurisdiction of the High Court and hence,
D
the appellate jurisdiction of this Court.

K.K.T. Appeal disposed of.

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