Asaduddin Owaisi Hyderabad MP speech in Parliament

Majlis E ittehadul Muslimeen Hyderabad MP Asaduddin Owaisi
Majlis e Ittehadul Muslimeen MP Asaduddin Owaisi : Madam, I will continue from where the hon. Member, Shri Mistry has left and I am very thankful to Md. Salim for giving a new and revolutionary meaning of ideology. With regard to the importance of minority rights, I would like to quote what Mr. Justice S.M. Sikri, the Chief Justice of India has once said:
“In fact, one may well compare our nation to being a jumbo jet flying through turbulent weather to a golden destination. For this flight every section of the people must be galvanised together as firmly as the various parts of the frame. The strength of the frame is equal only to the strength of the weakest section of the frame. One little crack, that is a disgruntle minority, would force the jet to the ground till the crack is repaired.”

This is what Justice S.M. Sikri has once said on the importance of minority rights as special protection in the Constitution of India.
Madam, secularism is the basic structure of our Constitution and the special rights and protection which are given to minorities are furthering the cause of secularism and the so-called theories of minority appeasement or giving unequal treatment or special protection. Various Supreme Court judgements have classified it and given verdict that it is baseless. The Supreme Court has said that all these theories of minority appeasement are baseless.
Moreover, the talk over here is that this present Government has indulged in minority appeasement. I would like to tell my colleagues on the other side over there that they are criticising the measures or steps which are being taken by this Government. Do they mean to say that they are wiser or more knowledgeable than the framers of the Constitution? The people who sat in the Constituent Assembly decided that the minorities of this country should be given special rights and protection. This is the basic structure of our Constitution. Now, we hear that these steps are being taken because of minority appeasement. I fail to understand, sometimes I am really surprised also. It clearly shows that Members are wiser and more knowledgeable than the framers of the Constitution. The whole thing that the Government is now doing, is it unconstitutional? Is this Bill against the spirit of the Constitution? Is this Bill against the national interest? Is this Bill against the basic structure of our Constitution and secularism? If you put forward these questions, the answer will be, 'No'. The Bill that has been brought is within the Constitution and it is furthering the cause of secularism, which is the basic structure of our Constitution. It is furthering article 30.
What is the Tenth Five Year Plan - 2002-2007? The main object of this plan was framed when the NDA was in power. It has been stated that the main objective of the Tenth Plan is to raise the enrolment of higher education between 18-23 years to 10 per cent by the end of the Plan. What is the percentage now? It is only eight per cent. I feel it is possible if we allow the minorities to open institutions of professional knowledge and teaching. We will be able to achieve this target which has been put in the Tenth Five Year Plan - 2002-07.
Coming to the Bill, I have some strong reservations. The initial Bill of National Commission for Minorities of 2004 was brought to grant affiliation to minority institutions. I am really surprised to read this particular Bill. It has basically broadened the ambit of the whole thing. You are talking about the recognition, permission and affiliation. I would like to know from the hon. Minister as to who has drafted this Bill.
If this Bill goes to any court, it will not stand a minute in the court of law. It will be declared ultra vires not because the other side is saying so but because this Bill has one particular point. Section 10, Chapter 3 says that any person who desires to establish a minority education institute may apply to the competent authority. Article 30 is a Fundamental Right. It is an unfettered right and Parliament cannot interfere in that. Why have you put this provision? I am warning the Government that God forbid, if this Bill is challenged in a court of law, it will take the presiding judge a minute to classify it as ultra vires because of this Section. I would request the hon. Minister to please read this again. This goes against the whole work which you are doing. Your intentions are very good. We are not doubting your intentions. But the way it has been drafted, it is very wrong in law. It will be wrong in principle. I am telling you this. It goes against the basic structure of our Constitution.
The Government has established a new Ministry called Ministry of Minority Welfare. It would have been really good if this Bill was tabled by the present Minister of Minority Welfare. This really pertains to it. Moreover, there is a saying in Urdu.