SCOPE OF ‘MINORITY’ UNDER ARTICLES 29 & 30 OF THE CONSTITUTION OF INDIA WITH REFERENCE TO THE SIKH & JAIN MINORITY CASE

Abstract

The government of Punjab granted minority status to Sikhs in the State of Punjab, leading to a challenge in the Hon’ble High Court of Punjab & Haryana in the case of Sahil Mittal & Ors. vs. Shiromani Gurudwara Prabandhak Committee (“Sahil Mittal”), where it struck down the impugned notifications thereby disallowing grant of minority status to Sikhs in the State of Punjab. The question, whether Sikhs can be provided minority status in the State of Punjab is now pending before a Five-Judge Bench of Hon’ble Supreme Court of India as the challenge in Sahil Mittal relies upon the judgement of the Apex Court rendered in the case of Bal Patil & Anr. vs. Union of India & Ors. (“Bal Patil”) which is under reconsideration. The issue in relation to Bal Patil is on the definition of ‘minority’ under Articles 29 & 30 of the Constitution whereas the issue in Sahil Mittal is whether Sikhs in particular are a ‘minority’ under Article 30. These issues can be decided only upon a determination of the scope of Articles 29 & 30. In this paper, I shall attempt to highlight the challenges in determination of minorities and the relevant factors that may be used to arrive at an answer on the questions that are currently pending before the five-judge bench of Hon’ble Supreme Court.