The UPA government is planning an amendment to the Constitution that seeks to redefine the term "minority": if the Bill is legislated, minority status will be defined on the basis of population at the state rather than national level.

Cleared by the Union Cabinet last week, the Constitutional (103rd Amendment) Bill 2004 is slated to be introduced in the monsoon session of Parliament. It incorporates many of the recommendations of the Parliamentary standing committee which met in February last year.

Presently, there are six states and Union Territories (Jammu & Kashmir, Lakshadweep, Mizoram, Meghalaya, Nagaland and Punjab) where the "national majority" that is, Hindus, are in fact in a minority. Schemes designed nationally for "minorities" as now understood, that is Muslims, Christians, Sikhs, Buddhists and Parsees, are not applicable in these states. That is, schemes meant for Muslims nationally do not apply to Muslims living in J&K, for example.

In order to end these anomalies, and in keeping with the Supreme Court judgment of August 2005, the Bill will use states as the basic unit to judge which community is a minority in which state. In the crucial verdict by the Supreme Court, a seven-judge Bench had said that the most appropriate level to decide on minorities is the state level.

If the Bill is passed, states will be asked for their view on the basis of data available as to who is a minority. They will be consulted by the President of India, would then notify the minorities in that state.

While the President is to consult the states, he would not be bound to act on their advice. Moreover, once the notification of all the states and Union Territories takes place, it will not be possible for subsequent governments to alter the notification simply by a Cabinet order.

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