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The Supreme Court of India has delivered a complex and consequential verdict regarding the minority status of Aligarh Muslim University (AMU), a decision that has profound implications for the institution and the larger discourse on minority rights and educational autonomy in the country. The seven-judge Constitution bench, led by Chief Justice DY Chandrachud, overturned a 1967 judgment that stripped AMU of its minority status but left the final determination of whether it should regain this status to a regular three-judge bench. This decision marks a crucial step in the long-standing legal battle over AMU's identity and its right to self-governance.
The majority opinion, authored by Chief Justice Chandrachud, focused on the distinction between the 'incorporation' and the 'establishment' of an institution. While AMU was incorporated by imperial legislation in 1920, transforming the previously established Muhammadan Anglo-Oriental College into a university, the court emphasized that this does not negate its establishment by members of a minority community. The judges ruled that the test for determining minority status lies in examining the administrative structure and its alignment with the claimed minority character of the institution. They asserted that minority institutions can, and often do, prioritize secular education, emphasizing that the government's regulation of such institutions should not compromise their fundamental character.
The dissenting judges, Justices Surya Kant, Dipankar Datta, and SC Sharma, held contrasting views on AMU's minority status. Justice Datta asserted that AMU does not qualify as a minority institution, while Justice Sharma, while acknowledging the right of minority communities to control institutions serving their populations, stressed the importance of offering secular education to all students. The dissent highlights the complex legal and social issues surrounding the definition of minority institutions and the delicate balance between minority rights and the principles of secularism and inclusivity.
The case's history traces back to Article 30 of the Indian Constitution, which guarantees the right of religious and linguistic minorities to establish and administer educational institutions. AMU, founded in 1875, had enjoyed minority status until the 1967 judgment in the S Azeez Basha case overturned this recognition. This decision, rooted in the argument that AMU's status as a central university disqualified it from claiming minority status, sparked a long legal battle that has reverberated through decades. The 1981 amendment to the AMU Act, attempting to restore the university's minority status, was also a point of contention, with the Allahabad High Court dismissing it in 2006.
The Supreme Court's latest ruling is not a definitive answer to the question of AMU's minority status but rather a significant step towards resolving this complex legal issue. It sheds light on the importance of understanding the origin and character of an institution in determining its minority status and underscores the need for a careful balance between government regulation and the autonomy of minority institutions. The upcoming decision by the three-judge bench will hold the key to deciding the future of AMU and its role in India's educational landscape. This case has implications for the future of other minority educational institutions and the ongoing debate about the delicate interplay between constitutional rights, religious freedoms, and the secular principles that underpin India's democracy.
Source: Aligarh Muslim University A Minority Institution? Supreme Court's Key 4:3 Verdict