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Seeking directions to restrain the Government of India from implementing the Sachar committee report of the year 2006 issued during Ex-Prime Minister Dr. Manmohan Singh’s tenure, for initiating any scheme in favour of the Muslim community or for any other purpose, a petition has been filed recently before the Supreme Court.

The five petitioners, namely Neeraj Shankar Saxena, Manish Sharma, Umesh Rawat, Arun Kumar Singh, and Shishupal Bhagel, who are followers of Sanatan Vedic Dharm and belong to the Hindu community, have contended that for simply being Hindu, they are not entitled to avail the schemes initiated for the Muslim community and other religious minorities even though their income is much below than the limit of annual income earmarked for entitlement for religious minority communities.

Pleading for complete justice in the matter, the Apex Court has been moved stating,

“The Central Government has initiated beneficial schemes in favour of religious minorities notified under Section 2 of National Commission for Minority Act,1993 simply because they are religious minority irrespective of fact that such religious minorities have not been declared as socially and educationally backward class by any Commission constituted by President of India under Article 340 of the Constitution but the Central Government is taking shelter of the report of Sachar Committee to justify beneficial schemes initiated in favour of Muslim community.”

The petition further states that,

“The Petitioners and similarly situated persons of Hindu community are being discriminated on the basis of religion because of Sachar Committee report and their right conferred by Article 14, 15 and 27 of the Constitution of India are being taken away.”

Factual Background

A notification from Prime Minister Office, Government of India on 9th March 2005 was issued constituting a High-Level Committee under the Chairmanship of Justice Rajinder Sachar, to prepare a report on the social, economic and educational status of the Muslim community of India. According to notification the committee was being constituted due to ‘lack of authentic information about the social, economic and educational status of the Muslim community of India which comes in way of planning, formulating and implementing specific interventions, policies and programmes to address the issues relating to the socio-economic backwardness of this community.

Petitioners’ contentions

The petition raises several arguments challenging the validity of the aforementioned notification. The petition reads as to how a separate commission to know the socially, economic and educational conditions of Muslims can be appointed which is not permissible under secular and democratic setup of our constitution.

Validity of the notification issued form the Ex Prime Minister’s office

The petitoners have also challenged the validity of the notification issued from the office of Ex Prime Minister Dr. Manmohan Singh’s office that it nowhere mentions that same was being issued after any cabinet decision. Thus, it is clear that the then Prime Minister on his own whims issued the direction appointing the committee to enquire into the social, economic and educational status of Muslim community whereas by virtue of Articles 14 and 15 no religious community can be treated separately, the petition alleges.

The power to appoint a commission to investigate into the conditions of socially and educationally backward classes vests with the President of India under Article 340 of the Constitution of India.

Sachar Committee’s bias

Stating that the notification appointing committee to look into the conditions of Muslim community is unconstitutional in a secular State Government cannot show any favour or dis-favour to any religious community, the petitioners have contended The Sachar Committee considered one sided version of Muslim community and completely ignored the status and conditions of weaker section and of socially and educationally backward classes amongst Hindu community who are leading miserable life whereas their counterparts in the Muslim community are in a better position.

The Sachar committee ignored the ground realities of the society. The Committee has shown undue favour to the Muslim community, the petition adds.

Therefore, the petitioners stating that they have been discriminated against unfairly under the pretext of upliftment of the minorities in the country, have sought restraining directions from the Apex Court.