On Friday, 8th November, 2024, the Supreme Court overturned a 1967 ruling that had previously denied Aligarh Muslim University (AMU) minority status. The seven-judge bench, led by Chief Justice DY Chandrachud, decided to leave the final call on the matter to a three-judge bench. The Chief Justice noted that there were four separate opinions, including three dissenting ones.
A little background about AMU
Muslim reformer Sir Syed Ahmed Khan established the Muhammadan Anglo-Oriental (MAO) College at Aligarh in the 19th century to address educational backwardness among Muslims while preserving Islamic values. The MAO College later became Aligarh Muslim University (AMU) through the AMU Act of 1920.
The AMU Act saw changes over the years: In 1951, it removed the mandate for compulsory religious education for Muslims, and in 1965, it redistributed power from the University Court to other bodies, with the President of India nominating governing members.
What was the 1967 judgment?
The legal dispute started when the 1967 case, S. Azeez Basha vs Union of India, challenged the 1951 and 1965 amendments, claiming they deprived the Muslim community of its right to run the university. The Supreme Court ruled in favor of the amendments, stating that AMU was not established or managed by a Muslim minority and that it was governed by Central legislation.
Key amendments included:
- 1951: Allowed non-Muslims to join the University Court, which was the highest governing body, and replaced the Lord Rector with the President of India as the Visitor.
- 1965: Gave more power to the Executive Council, making the University Court no longer the supreme body.
Then came the 1981 amendment
After protests, the government amended the AMU Act in 1981, reaffirming the university's minority status. In 2005, AMU introduced a 50% reservation for Muslims in postgraduate medical courses, but the Allahabad High Court struck it down, saying it was unconstitutional. In 2006, both AMU and the Union of India appealed the decision, but the government withdrew from the case in 2016, refusing to recognize the university’s minority status.
What does a minority status mean for AMU?
The Supreme Court is currently addressing two key points: whether AMU qualifies for minority status and whether an institution created by statute can claim such a status. Under Article 15(5), minority institutions are exempt from reserving seats for Scheduled Castes (SC), Scheduled Tribes (ST), and Other Backward Classes (OBC), but AMU has not had these quotas since its status remains under review.
The Union Government argues that if AMU is recognized as a minority institution, it would mean reserving up to 50% of seats for Muslims while excluding SC, ST, OBC, and Economically Weaker Sections (EWS) reservations. They stress that AMU should maintain its secular foundations for the greater national good. However, AMU contends that this argument is flawed and violates the Constitutional protection given to minority rights.
What’s Article 30 of the constitution?
Article 30 of the Indian Constitution protects the rights of minorities to establish and administer their own educational institutions. It consists of three provisions:
- Article 30(1): Ensures that religious and linguistic minorities can establish and run educational institutions of their choice.
- Article 30(1A): Deals with property acquisition for minority-run educational institutions.
- Article 30(2): Prevents the government from discriminating against any institution simply because it is managed by a minority, even when it receives aid.
Though the Constitution does not define ‘minorities’ explicitly, the National Commission of Minorities Act lists six recognized minority communities: Muslims, Christians, Buddhists, Sikhs, Jains, and Zoroastrians (Parsis).
Upon this information, let us know what you think in the comments below!
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