Its Section 9 Functions, and the Civil Court Powers

In one line

Section 9 gives the Commission nine functions, requires its recommendations to be laid before Parliament and before the State Legislatures with a memorandum of action taken, and gives it the powers of a civil court while performing three of them.

Section 9(1): the nine functions

(a) evaluate the progress of the development of minorities under the Union and States;

(b) monitor the working of the safeguards provided in the Constitution and in laws enacted by Parliament and the State Legislatures;

(c) make recommendations for the effective implementation of safeguards for the protection of the interests of minorities by the Central Government or the State Governments;

(d) look into specific complaints regarding deprivation of rights and safeguards of the minorities and take up such matters with the appropriate authorities;

(e) cause studies to be undertaken into problems arising out of any discrimination against minorities and recommend measures for their removal;

(f) conduct studies, research and analysis on the issues relating to socio-economic and educational development of minorities;

(g) suggest appropriate measures in respect of any minority to be undertaken by the Central Government or the State Governments;

(h) make periodical or special reports to the Central Government on any matter pertaining to minorities and in particular the difficulties confronted by them; and

(i) any other matter which may be referred to it by the Central Government.

What the verbs tell you

Eight verbs and none of them decides. Evaluate, monitor, make recommendations, look into, cause studies, conduct research, suggest and make reports. Clause (d), which is the closest to adjudication, says look into and take up with the appropriate authorities, which is representation and not determination.

Compare the National Commission for Women's section 10, which adds take suo moto notice, inspect a jail or other place of custody, fund litigation involving issues affecting a large body of women, and recommend amendments to the Constitution and other laws. The Minorities Commission has none of those four, and the comparison is directly usable in an answer.

Sections 9(2) and 9(3): the accountability route

9(2): the Central Government shall cause the recommendations under clause (c) to be laid before each House of Parliament along with a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the Union and the reasons for the non-acceptance, if any, of any of them.

9(3): where a recommendation under clause (c) concerns a State Government, the Commission shall forward a copy to that State Government, which shall cause it to be laid before the Legislature of the State along with a memorandum explaining the action taken or proposed and the reasons for non-acceptance.