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SC seals Minority Status of Aligarh Muslim University

In a landmark judgment Friday November 08, 2024 the Supreme Court of India overruled its judgment taken in the Azeez Basha case of 1967 that denied Minority Status of Aligarh Muslim University (AMU)

Friday November 8, 2024 3:41 PM, Syed Ali Mujtaba

New Delhi: In a landmark judgment Friday November 08, 2024 the Supreme Court of India overruled its judgment taken in the Azeez Basha case of 1967 that denied Minority Status of Aligarh Muslim University (AMU).

The SC pronounced its verdict 4:3 on grounds that the Aligarh Muslim University is a Central University funded by the Central government.

At the same time, the 7-judge constitution bench left it to a regular (not constituted yet) three-judge bench to decide if the university should be granted this again.

The bench, led by Chief Justice DY Chandrachud - who authored the majority judgement on his last working day - struck down an earlier ruling that said an institution incorporated by a statute could not claim minority status, but left the question as it pertains to AMU to a regular bench.

Aligarh Muslim University (AMU) enjoyed the minority character from 1920 to 1951, when the controversy erupted after compulsory religious education to the Muslim students was withdrawn.

In 1967 a five-judge Constitution Bench looking into Azeez Basha ruled that AMU, being a Central university, cannot claim to be a minority institution.

In 1981 the Parliament, by virtue of the Aligarh Muslim University (Amendment) Act, 1981 conferred minority status on the AMU.

In 2006 the Allahabad High Court, struck down the Parliamentary order 1981 amendment that conferred minority status on the AMU.

The seven members Constitution Bench of the Supreme Court was dealing with a reference arising out of the 2006 decision passed by the Allahabad High Court.

In the seven member bench, four members ruled in favor of revoking the 1967 judgment that revoked the minority status and the three members wanted to uphold the 1967 judgment.

The three dissenting judges on the Constitution bench today were Justices Surya Kant, Dipankar Datta, and SC Sharma, while three others - Justices Sanjiv Khanna (who will be the next Chief Justice), JB Pardiwala, and Manoj Misra, as well as the outgoing Chief Justice, held the majority.

Also Read: Let AMU be in Possession of the Muslim Community, It’s Legitimate Heir

The majority opinion, concurred by Justices Sanjiv Khanna, J.B. Pardiwala, Manoj Misra, and SC Sharma, said that the regulation of minority educational institutions is permissible under Article 19(6), however, those regulations should not impinge upon the minority character of the institution.

It said:

“Regulations, which may be justified on grounds stipulated under Articles 19(6) and 26, may fall foul to Article 30 if they infringe upon the minority character of the institution. This is a special right/protection which the Constitution guarantees to minority educational institutions.”

It further said:

“An educational institution established by any citizen can be regulated under Article 19(6). An educational institution established by a religious denomination without any element of profit can be regulated on grounds of public order, morality and health. As opposed to these two provisions, Article 30 does not circumscribe the right on any grounds. However, the right guaranteed under Article 30 is not absolute.”

The majority opined that Article 30 guarantees minority educational institutions the right not to be discriminated against and in fact, Article 30(2) is the facet of the non-discrimination of minorities.

Those who had contrarian views are Justices Surya Kant, J.B. Pardiwala, Dipankar Datta and SC Sharma wrote separate and dissenting opinions.

The short of the long story is Aligarh Muslim University (AMU), remains to be a minority institution. It has taken 70 years to close the legal wrangles.

[The writer, Syed Ali Mujaba, is a Journalist. He did his BA & MA from the AMU during 1978 – 1984. He can be contacted at syedalimujtaba2007@gmail.com.]

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