New Delhi: The Supreme Court has rejected a petition challenging the 26-year-old ordinance by the central government, declaring five communities Muslim, Christian, Sikh, Buddhist and Parsi as minority. This PIL was filed by BJP leader and lawyer Ashwini Upadhyay. Upadhyay, in his petition, sought to declare section 2 (c) of the National Minorities Commission Act 1992 unconstitutional. Under the same law, the said ordinance was issued on 23 October 1993. Hearing the petition, the Supreme Court said, ‘Dharma is pan India. Political boundaries cannot be seen on the basis of religion.
Supreme Court Chief Justice SA Bobde said, we do not agree with you. How can we pass instructions in this case? The courts have not declared anyone to be a minority. It is the government that does it. Advocate KK Venugopal, appearing for the government, told the court that the Constitution Bench has already given a decision in this matter.
There were further changes by Ordinance II of 1965 which was supplanted by the Aligarh Muslim University (Amendment) Act, 1965. Because of those changes the Court of the College never again remained the incomparable overseeing body. A large number of its forces were taken away and those of the Official Council were correspondingly expanded. The Court basically turned into a body selected by the Visitor, each person holding office preceding the date on which the Ordinance was declared stopped to hold office from the said date, and, until the Court was reconstituted, the Guest may by general or uncommon request direct any official of the University to practice the forces and perform the obligations presented or forced on the Court.