The Supreme Court of India will today review a 1967 verdict that stripped Aligarh Muslim University (AMU) of its minority status. The university is making a case to regain its ‘minority institution’ status by highlighting its historical significance, emblem, educational curriculum, and the appointment of muezzins, despite being governed by the UGC Act.
The 1967 Constitution bench ruling in the S Azeez Basha vs Union of India case declared that AMU was neither established nor administered by Muslim minority. Consequently, it concluded that the university could not enjoy the protection for minorities to administer educational institutions under Article 30(1) of the Constitution. However, in the Anjuman-e-Rahmania vs District Inspector of Schools case in 1981, a two-judge bench raised doubts about the correctness of the Azeez Basha ruling and referred the matter to a seven-judge bench.
Now, a seven-judge bench led by Chief Justice of India DY Chandrachud will hear the case today and revisit the issue.
During the pendency of the matter, petitions were filed before the Allahabad High Court challenging AMU’s reservation of seats for Muslims in post-graduate courses. On January 5, 2006, the High Court ruled that AMU was never a minority institution and declared the reservation for Muslims in postgraduate courses as unconstitutional and impermissible.
The AMU minority status issue has political undertones. The UPA government had supported the minority status of AMU, but the NDA government in 2016 withdrew the UPA’s affidavit, stating that AMU was not a minority institution under the UGC Act.
Article 30 of the Constitution grants the right to minorities, based on religion or language, to establish and administer educational institutions of their choice. Minority institutions can reserve seats for admission based on religion and are entitled to certain funds from the government.
As the Supreme Court revisits the issue of Aligarh Muslim University’s minority status today, the outcome of this case will have significant implications for minority educational institutions in India.
