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AMU if stripped of its Minority Status will be sad day for India: SC told

The Supreme Court of India Thursday February 01, 2024 was told that there cant’s be anything more sad than stripping the Aligarh Muslim University (AMU) of its Minority Status. Read More

Friday February 2, 2024 0:22 AM , ummid.com with inputs from Agencies

New Delhi: The Supreme Court of India Thursday February 01, 2024 was told that there cant’s be anything more sad than stripping the Aligarh Muslim University (AMU) of its Minority Status.

AMU Foundation

The Aligarh Muslim University was founded by renowned reformist Sir Syed Ahmed Khan and his friends in 1920 for the educational upliftment of the Indian Muslims.

The land and funds for the premier institution was arranged mostly by the Muslims. The AMU was originally born as Muhammadan Anglo-Oriental College (MAO College).

With the objective of establishing a Muslim University Mohammedan University Foundation Committee was formed on January 10, 1911 presided over by Sir Agha Khan. A Memorandum based on Muslim denomination was submitted to the Government of India in 1912. On the Government’s demand, a huge sum of Rs 30 lakhs as reserve fund (endowment) was raised (equivalent to Rs 800 Crores of now).

The Case of AMU Minority Status

The university was finally established and functioned with its stated objectives. The AMU was in 1967 accorded the status of a Central University. This led to the debate that a Central University could not be granted a Minority Status based on Article 29 and 30 of the Indian Constitution.

The government of India however reinstated the Minority Character of the Aligarh Muslim University by an amendment in the Aligarh Muslim University Act 1920. The amendment was challenged in the Allahabad High Court which in 2006 set aside the amendment terming it unconstitutional.

The AMU challenged the Allahabad High Court order in the Supreme Court. The UPA government also joined the AMU in the Supreme Court of India against the Allahabad High Court order. However, after Narendra Modi became Prime Minister, the NDA government decided in 2016 to withdraw its plea supporting the AMU Minority Character.

Constitution Bench hearing of AMU case

In February 2019, the matter was referred to a seven-judge Constitution Bench by a bench led by then CJI Ranjan Gogoi. The 7-judge Constitution Bench headed by CJI DY Chandrachud hearing the case on January 09, 2024.

During the 08th hearing of the case, senior lawyer Kapil Sibal while concluding the argument petitioned before the Supreme Court of India not to strip the minority status of the AMU which he said is a “small citadel of learning in a country of 1.4 billion people”.

“One small citadel of learning in a country of 1.4 billion people - what are you trying to do? In a secular country wedded to plurality and the Constitution, here we are arguing that we should take away the minority status”, Kapil Sibal said.

“Let me just say that if this happens then it will be a sad day for the country, that is all,” Sibal said and concluded his argument.

Besides Kapil Sibal, the AMU is represented in the Supreme Court by Senior Advocates Dr Rajeev Dhavan, Salman Khurshid and Shadan Farasat.

The government is represented by Attorney General R Venkataramani along with Solicitor General Tushar Mehta.

After conclusion of the arguments by both the sides, the Supreme Court bench which comprised of justices Sanjiv Khanna, Surya Kant, J B Pardiwala, Dipankar Datta, Manoj Misra and Satish Chandra Sharma besides CJI DY Chandrachud reserved its verdict.

 

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