New Delhi — The Supreme Court has delivered a divided verdict on the contentious issue of Aligarh Muslim University’s (AMU) minority status. The same is question now referred to the Chief Justice for further deliberation by a new bench. The ruling comes after decades of legal and legislative debate surrounding AMU’s classification, with implications for the rights and administrative freedoms of minority institutions across India.
In the latest proceedings, a seven-judge Constitution Bench, led by Chief Justice D.Y. Chandrachud, issued four separate judgments, underscoring the complexities of the case. CJ aslo laid out comprehensive guidelines with other judges for assessing whether an institution like AMU could be recognized as a minority institution under Article 30 of the Indian Constitution. They highlighted that the designation of minority status must align with specific constitutional criteria, referencing the legislative history and purpose behind the establishment of AMU under the Aligarh Muslim University Act of 1920.
The dissenting opinion, provided by Justices Surya Kant, Dipankar Datta, and Satish Chandra Sharma, suggested a distinct interpretation of the provisions, advocating for the preservation of AMU’s minority character as initially intended by its founders. This split judgment reveals significant ideological differences on the issue, emphasizing the need for nuanced legal interpretation on how minority status is applied to centrally established institutions.
This decision reopens the question that first arose in 1967 with the Supreme Court’s ruling in *S.Azeez Basha v. Union of India*, which held that AMU could not be considered a minority institution since it was established through central legislation. Although amendments to the AMU Act in 1981 attempted to redefine AMU’s purpose to include the “advancement of Muslims in India”. The 2006 Allahabad High Court ruling invalidated this provision, sparking ongoing legal battles that continue to challenge AMU’s institutional identity and rights.
In referring the case to a new bench, the Supreme Court has indicated that this issue requires a broader interpretation under evolving social and educational considerations. This ruling not only affects AMU but also sets a precedent for other institutions seeking minority status under central statutes. The Chief Justice will appoint a fresh bench, likely to be larger than the current one, to deliberate on AMU’s minority classification conclusively in the coming months.
Input from Web Desk, C6N