Supreme Court’s Decision on Aligarh Muslim University’s Minority Status
The Supreme Court of India has overruled the 1967 decision in the S Azeez Basha versus Union of India case, which stated that Aligarh Muslim University (AMU) could not be considered a minority institution because it was a Central university. Lawyer and petitioner Shadan Farasat expressed optimism that AMU will meet the requirements to be recognized as a minority institution, as outlined by the court.
The court’s 4:3 majority verdict has referred the issue of AMU’s minority status to a regular three-judge bench. The bench will determine whether AMU qualifies as a minority institution by examining who established the university. Shadan Farasat explained that the court has set parameters for what constitutes a minority institution under Article 30, including the institution’s history and the community involved in its establishment.
Yasoob Abbas, General Secretary and spokesperson of All India Shia Personal Law, welcomed the verdict, hoping for a favorable judgment from the three-judge bench to maintain AMU’s minority status. The university’s Vice Chancellor, Naima Khatoon, stated that they respect the judgment and will consult legal experts for further action.
Historically, a five-judge Constitution bench in 1967 ruled that AMU was not a minority institution. However, the AMU (Amendment) Act of 1981 restored its minority status, which was later challenged and struck down by the Allahabad High Court in 2006.
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 Ahmed Khan and is known for its education and cultural heritage.
Minority Status -: Minority status means that a group, like a religious or cultural community, is recognized as a smaller part of the population. This status can give them special rights to protect their culture and education.
1967 decision -: In 1967, a decision was made about AMU’s status, which the Supreme Court has now overruled. This means they are reconsidering if AMU should be recognized as a minority institution.
4:3 verdict -: A 4:3 verdict means that four judges agreed on the decision, while three did not. It shows that the decision was closely contested.
Three-judge bench -: A three-judge bench is a group of three judges who will look into the case further. They will decide on AMU’s minority status.
Shadan Farasat -: Shadan Farasat is a lawyer involved in the case. He believes that AMU can meet the criteria to be recognized as a minority institution.
Yasoob Abbas -: Yasoob Abbas is a person who supports the Supreme Court’s decision. He hopes that the outcome will be good for AMU.
Vice Chancellor -: The Vice Chancellor is the head of a university. Naima Khatoon is the Vice Chancellor of AMU, and she is planning to talk to legal experts about what to do next.
