On Thursday, the Supreme Court issued notice to the Centre on a plea seeking appointment in National Commission for Minority Educational Institutions (NCMEI) on the recommendation of a committee constituted by the Chief Justice of India till National Tribunal Commission is set up as per the direction of the top court.
A Bench headed by Justice L Nageswara Rao sought the response from the Centre on a plea filed by Jamiat Ulama-i-Hind.
The plea sought that appointments to the Commission be made on the basis of recommendations by a committee appointed by the Chief Justice of India till the National Tribunals Commission is formed.
“To appoint members of the National Commission for Minority Educational Institutions in place of the outgoing members and all the future appointments/nominations to fill future vacancies in National Commission for Minority Educational Institutions on the recommendation of Committee constituted by the Chief Justice of India till continuation of the National Tribunals Commission,” the plea stated.
It said that as per Section 3 of the National Commission for Minority Educational Institutes Act, 2004, the Commission must consist of a chairperson and three members.
Since the Commission is formed under an Act of Parliament, it is not a government body, but a “full-fledged part of the judicial system”, and thus appointments be made on the recommendations of a committee constituted by the CJI.
“There is a need to protect judicial independence by maintaining judicial dominance,” it said.