Aligarh Muslim University Minority Status SC overrules 1967 verdict on Aligarh Muslim University minority status

The Supreme Court pronounced the verdict on whether Aligarh Muslim University (AMU) holds minority status under Article 30 of the ...

The Times of India | Nov 08, 2024, 15:53:40 IST

The Supreme Court pronounced the verdict on whether Aligarh Muslim University (AMU) holds minority status under Article 30 of the Indian Constitution, which grants religious and linguistic minorities the right to establish and administer educational institutions. CJI DY Chandrachud heading the 7-judge bench said there are four judgements in the case. Four judges give majority verdict, while three judges pass dissent judgement. SC overruled Basha judgment which said an educational institution can claim 'minority tag' only if established and managed by a minority community. SC said a regular bench will decide whether AMU is a minority institution based on the indicia laid down by the 7-J bench.

The case centers around the 1981 amendment to the AMU Act, which attempted to accord the university minority status but was criticized for not fully restoring its pre-1951 status. The legal debate dates back to the university's foundation in 1875 as the Muhammadan Anglo-Oriental College and its transformation into a university in 1920.

The 1951 amendment removed compulsory religious instruction, and in 1967, the Supreme Court ruled in the S. Azeez Basha case that AMU, as a central university, could not be considered a minority institution. Supporters of AMU’s minority status argue that it retains its character despite receiving government funding, while opponents contend that its status as a central university and significant financial support from the government disqualifies it from minority status.

The matter has been under legal scrutiny for decades, with multiple challenges and appeals, including against the Allahabad High Court’s 2006 verdict that struck down the 1981 amendment. Stay with TOI for latest updates:

Aligarh Muslim University Minority Status SC overrules 1967 verdict on Aligarh Muslim University minority status

"We welcome the SC decision... We celebrated and we are very happy with it," said the student

"Everybody honours the Supreme Court judgment; we also respect it. We will just wait. We will discuss with our legal experts and then examine the matter. I am not in a position to say anything right now," she said.

"I welcome this verdict because it is hoped that the 3-judges bench of Supreme Court will give a favourable judgement to continue the minority status of Aligarh Muslim University," he said.

" The court 4:3 held that the 1963 judgement which held that AMU is not a minority institution was incorrect and it is overruled. It has set parameters for what is required for an institution to be established by a minority," said the petitioner.

Professor Aftab said, "SC majority judgement has not said anything about the minority status. So it will remain as a minority institution. We will read the judgement and decide the next course of action."

"AMU honours the decision of the SC... For now, we are dedicated to maintaining academic actions, nation-building, and inclusivity," said the PRO.

Justice S C Sharma said his opinion is neither concurring nor dissenting with the majority opinion authored by CJI Chandrachud. However, he agreed with dissents that the 2-J bench could not have referred the case directly to a 7-J bench.

Justice Datta asked can a 2-J bench tomorrow doubt 'basic structure doctrine' propounded in Kesavananda Bharati case and refer it to 15-J bench directly? The majority opinion will set a very dangerous opinion, he said and ruled that AMU is not a minority institution.

Justice Sharma said Constitution does not permit any preferential treatment to minority institutions vis-a-vis other institutions. What is needed is bringing minority educational institutions on par with other institutions.

Justice Dipankar Datta fundamentally differed with CJI's majority opinion which validated AMU reference by a 2-J bench directly to a 7-J bench after doubting the 5-J bench verdict in Aziz Basha.

SC says case papers be placed before CJI for setting up fresh bench to decide validity of 2006 Allahabad HC verdict.

SC majority verdict said that issue of AMU's minority status must be decided on basis of tests laid down by apex court.

Additionally, in January 2006, Allahabad HC had struck down provision of 1981 law by which AMU was accorded minority status.

Justice Kant strongly criticised the manner in which the case was referred by a 3-J bench to present 7-J bench and termed it as a judicial impropriety on the part of the smaller bench and also on part of the then CJI in accepting the request.

Justice Surya Kant said the five-judge bench of SC in Aziz Basha case had correctly decided that AMU was not a minority institution, which has attained finality, and that there is no need to reopen the inquiry into the character of AMU.

Majority opinion was by CJI D Y Chandrachud, for himself and Justices Sanjiv Khanna, J B Pardiwala and Manoj Misra. Separate dissenting opinions were rendered by Justices Surya Kant, Dipankar Datta and S C Sharma.

SC overruled the Basha judgment which said an educational institution can claim 'minority tag' only if established and managed by a minority community. SC said a regular bench will decide whether AMU is a minority institution based on the indicia laid down by the 7-J bench.

SC's 7-Judge bench by 4 to 3 majority verdict laid down indicia for determining whether an educational institution is a minority institution but did not answer whether Aligarh Muslim University is a minority educational institution. It overruled 1967 judgment in Aziz Basha.

The CJI said that it is not necessary that the purpose of minority can only be implemented if the people of the minority administer the institution.

Four judges out the the seven-judge bench have given majority verdict, while three judges pass dissent judgement, said the chief justice.

Chief Justice of India DY Chandrachud heading the 7-judge bench says there are four judgements in the case. Four judges give majority verdict, while three judges pass dissent judgement.

Critics claim AMU received over Rs 5,000 crore in central funding between 2019 and 2023, much more than other central universities like the University of Delhi, suggesting the institution serves national, not minority, interests.

Opponents, including Solicitor General Tushar Mehta, argue that AMU's significant central government funding and its national importance status disqualify it from claiming minority status.

Proponents, including lawyer Kapil Sibal, argue that the composition of AMU’s governing council, with 37 Muslim members out of 180, still qualifies it as a Muslim minority institution, emphasising the application of Article 30 of the Constitution.

The BJP-led NDA government opposes the 1981 amendment, referencing the 1967 Supreme Court verdict in the S Azeez Basha case, which ruled that AMU, as a central university, cannot be considered a minority institution.

The 1920 AMU Act established the university, and the 1951 amendment removed the requirement for religious instruction. The 1981 amendment, granting minority status to AMU, has been criticised by the court as "half-hearted" in restoring the pre-1951 status.

On February 1, the bench reserved its judgment after hearing arguments for eight days on the issue of AMU's minority status, particularly concerning the 1981 amendment to the AMU Act.

The verdict will be pronounced by a seven-judge constitution bench, headed by Chief Justice D Y Chandrachud, along with Justices Sanjiv Khanna, Surya Kant, J B Pardiwala, Dipankar Datta, Manoj Misra, and Satish Chandra Sharma.

The Supreme Court is expected to announce its verdict soon regarding whether Aligarh Muslim University (AMU) will enjoy minority status under Article 30 of the Constitution.

Comments (72)

Popular from India

Photostories

TOP TRENDS

Your Privacy is Important to us

Opt out of the sale or sharing of personal information

Aligarh Muslim University Minority Status SC overrules 1967 verdict on Aligarh Muslim University minority status

"We welcome the SC decision... We celebrated and we are very happy with it," said the student

"Everybody honours the Supreme Court judgment; we also respect it. We will just wait. We will discuss with our legal experts and then examine the matter. I am not in a position to say anything right now," she said.

"I welcome this verdict because it is hoped that the 3-judges bench of Supreme Court will give a favourable judgement to continue the minority status of Aligarh Muslim University," he said.

" The court 4:3 held that the 1963 judgement which held that AMU is not a minority institution was incorrect and it is overruled. It has set parameters for what is required for an institution to be established by a minority," said the petitioner.

Professor Aftab said, "SC majority judgement has not said anything about the minority status. So it will remain as a minority institution. We will read the judgement and decide the next course of action."

"AMU honours the decision of the SC... For now, we are dedicated to maintaining academic actions, nation-building, and inclusivity," said the PRO.

Justice S C Sharma said his opinion is neither concurring nor dissenting with the majority opinion authored by CJI Chandrachud. However, he agreed with dissents that the 2-J bench could not have referred the case directly to a 7-J bench.

Justice Datta asked can a 2-J bench tomorrow doubt 'basic structure doctrine' propounded in Kesavananda Bharati case and refer it to 15-J bench directly? The majority opinion will set a very dangerous opinion, he said and ruled that AMU is not a minority institution.

Justice Sharma said Constitution does not permit any preferential treatment to minority institutions vis-a-vis other institutions. What is needed is bringing minority educational institutions on par with other institutions.

Justice Dipankar Datta fundamentally differed with CJI's majority opinion which validated AMU reference by a 2-J bench directly to a 7-J bench after doubting the 5-J bench verdict in Aziz Basha.

SC says case papers be placed before CJI for setting up fresh bench to decide validity of 2006 Allahabad HC verdict.

SC majority verdict said that issue of AMU's minority status must be decided on basis of tests laid down by apex court. Additionally, in January 2006, Allahabad HC had struck down provision of 1981 law by which AMU was accorded minority status.

Justice Kant strongly criticised the manner in which the case was referred by a 3-J bench to present 7-J bench and termed it as a judicial impropriety on the part of the smaller bench and also on part of the then CJI in accepting the request.

Justice Surya Kant said the five-judge bench of SC in Aziz Basha case had correctly decided that AMU was not a minority institution, which has attained finality, and that there is no need to reopen the inquiry into the character of AMU.

Majority opinion was by CJI D Y Chandrachud, for himself and Justices Sanjiv Khanna, J B Pardiwala and Manoj Misra. Separate dissenting opinions were rendered by Justices Surya Kant, Dipankar Datta and S C Sharma.

SC overruled the Basha judgment which said an educational institution can claim 'minority tag' only if established and managed by a minority community. SC said a regular bench will decide whether AMU is a minority institution based on the indicia laid down by the 7-J bench.

SC's 7-Judge bench by 4 to 3 majority verdict laid down indicia for determining whether an educational institution is a minority institution but did not answer whether Aligarh Muslim University is a minority educational institution. It overruled 1967 judgment in Aziz Basha.

The CJI said that it is not necessary that the purpose of minority can only be implemented if the people of the minority administer the institution.

Four judges out the the seven-judge bench have given majority verdict, while three judges pass dissent judgement, said the chief justice.

Chief Justice of India DY Chandrachud heading the 7-judge bench says there are four judgements in the case. Four judges give majority verdict, while three judges pass dissent judgement.

Critics claim AMU received over Rs 5,000 crore in central funding between 2019 and 2023, much more than other central universities like the University of Delhi, suggesting the institution serves national, not minority, interests.

Opponents, including Solicitor General Tushar Mehta, argue that AMU's significant central government funding and its national importance status disqualify it from claiming minority status.

Proponents, including lawyer Kapil Sibal, argue that the composition of AMU’s governing council, with 37 Muslim members out of 180, still qualifies it as a Muslim minority institution, emphasising the application of Article 30 of the Constitution.

The BJP-led NDA government opposes the 1981 amendment, referencing the 1967 Supreme Court verdict in the S Azeez Basha case, which ruled that AMU, as a central university, cannot be considered a minority institution.

The 1920 AMU Act established the university, and the 1951 amendment removed the requirement for religious instruction. The 1981 amendment, granting minority status to AMU, has been criticised by the court as "half-hearted" in restoring the pre-1951 status.

On February 1, the bench reserved its judgment after hearing arguments for eight days on the issue of AMU's minority status, particularly concerning the 1981 amendment to the AMU Act.

The verdict will be pronounced by a seven-judge constitution bench, headed by Chief Justice D Y Chandrachud, along with Justices Sanjiv Khanna, Surya Kant, J B Pardiwala, Dipankar Datta, Manoj Misra, and Satish Chandra Sharma.

The Supreme Court is expected to announce its verdict soon regarding whether Aligarh Muslim University (AMU) will enjoy minority status under Article 30 of the Constitution.

Comments (72)

Popular from India

Photostories

TOP TRENDS

SC majority verdict said that issue of AMU's minority status must be decided on basis of tests laid down by apex court.

Additionally, in January 2006, Allahabad HC had struck down provision of 1981 law by which AMU was accorded minority status.