Supreme Court Revisits Aligarh Muslim University’s Minority Status
The Supreme Court of India has made a significant decision regarding the Aligarh Muslim University (AMU). On Friday, the court, by a 4:3 majority, overruled a previous case from 1967, known as the S Azeez Basha versus Union of India case. This case had determined that AMU, being a Central university, could not be considered a minority institution.
Majority Verdict
The majority opinion, written by the Chief Justice of India and Justices Sanjiv Khanna, JD Pardiwala, and Manoj Misra, stated that the question of AMU’s minority status should be decided by a regular three-judge bench. They emphasized that the key factor in determining minority status is who established the institution. The court also noted that administration by non-minority members does not remove the minority character of an institution. Furthermore, the government can regulate minority educational institutions as long as it does not affect their minority character.
Dissenting Opinion
Justices Surya Kant, Dipankar Datta, and Satish Chandra Sharma disagreed with the majority verdict.
Background
The decision stems from a 2006 verdict by the Allahabad High Court, which ruled that AMU was not a minority institution. This was a reversal of the university’s minority status, which had been restored by the AMU (Amendment) Act in 1981. The Congress-led UPA government and AMU both appealed against the 2006 decision. However, in 2016, the BJP-led NDA government decided to withdraw the appeal. The Supreme Court referred the case to a seven-judge bench in 2019.
Government’s Argument
During the hearings, Solicitor General Tushar Mehta, representing the Centre, argued that there was no concept of minority rights in 1920 when the AMU Act was established. The government contended that granting minority status to a national institution like AMU would limit access for various societal sections and exclude reservations for SC/ST/SEBC categories.
Doubts Revealed
Supreme Court -: The Supreme Court is the highest court in India. It makes important decisions about laws and rights in the country.
Aligarh Muslim University -: Aligarh Muslim University, or AMU, is a famous university in India. It was established by Sir Syed Ahmad Khan and is known for its education and cultural heritage.
Minority Status -: Minority status means that a group, like a religious or cultural community, has special rights to protect their identity. For a university, it can mean special rules about who can study or work there.
1967 Decision -: In 1967, a decision was made about whether AMU should have minority status. This decision was important for how the university was run.
4:3 Majority -: A 4:3 majority means that out of seven judges, four agreed on the decision and three did not. This shows that the decision was closely contested.
Three-judge bench -: A three-judge bench is a group of three judges who come together to make a decision on a legal matter. They review the case and give their judgment.
Allahabad High Court -: The Allahabad High Court is a high court in India, located in Uttar Pradesh. It deals with legal cases from the state and sometimes makes important rulings.
Reservations -: Reservations in India are a system where certain seats in education and jobs are set aside for people from disadvantaged communities. This helps ensure equal opportunities for everyone.
Seven-judge bench -: A seven-judge bench is a larger group of judges, usually formed for very important cases. They review complex issues and make a final decision.