Aligarh Muslim University Minority Status Hearing: Key Updates from Supreme Court
Introduction
The Supreme Court of India is reviewing the minority status of Aligarh Muslim University currently by examining and can retain this status under Article 30 of the Constitution, which works to grant rights to religious and linguistic minorities to establish and administer their educational institutions. A seven-judge bench which is functioning by Chief Justice DY Chandrachud, has been considering arguments on contentious issues for several days.
In the Supreme Court hearing, a seven-judge Constitution Bench -on Friday overruled its 1967 judgement which had laid down that Aligarh Muslim University being a Central varsity, cannot claim to be a minority institution. “In the 1967 Azeez Basha case it has decided that an educational institution is not established by a minority if it derives its legal character through a statute that is overruled,” ruled the Chief Justice of India DY Chandrachud-led Constitution Bench.
It is also added in a decision that a regular Bench should decide the question of the minority status of AMU and the correctness of the 2006 decision passed by the Allahabad High Court which strikes down the 1981 amendment which confers minority status on the varsity, given the principles which are to be laid down in its latest judgement.
The main motive of the debate is to focus on AMU to be recognized as a minority institution which affects its autonomy and admission policies, particularly regarding Muslim student representation. AMU’s advocates which include senior lawyers like Kapil Sibal and Rajiv Dhavan, argue that the university was set to uplift the Muslim community which is still lagging in the educational and social field. They assert that AMU’s historical foundation and its mission is to give more attention to the Muslim population which is very important for community empowerment.
In addition to this, it has also been said that “An educational institution established by any citizen can be regulated under Article 19(6). An educational institution which was established by a religious denomination without any element of profit can be regulated on grounds of public order, morality and health. According to the judgement, Article 30 does not circumscribe the right on any grounds.
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