The Delhi High Court said on Wednesday that it would look into the constitutional validity of the setting up of the Sachar Committee to suggest measures for improving socio-economic and educational status of Muslims. Referring to the National Minority Commission which was set up by Parliament, a bench headed by Justice S K Kaul said the court would examine whether an authority parallel to a Constitutional authority can be set up by the Centre.
The court was hearing a public interest litigation filed by NGO 'Rashtriya Mukti Morcha,' which alleged that the Sachar Committee and government's action on its report were unconstitutional. The Court asked the NGO to amend the petition and mention this point in it and asked the Centre to respond to it on the next date of hearing.
Justifying its action taken on the basis of the Committee's report, Solicitor General Gopal Subramanium said affirmative action taken by it for bringing homogeneity among different communities is legal and part of basic structure of the Constitution. The NGO pleaded that Muslim community can not be given special treatment as the Constitution prohibits discrimination on the ground of religion.