AMU Case Overturns 1967 Ruling on Minority Status

Why in the news?

The Supreme Court’s 2024 judgement on Aligarh Muslim University (AMU) overrules the 1967 verdict, affirming its status as a minority institution under Article 30 of the Constitution.

AMU Case Overturns 1967 Ruling on Minority Status 

AMU’s Historical and Legal Context:

  • The M.A.O. College (1877), founded by Sir Syed Ahmed Khan, evolved into Aligarh Muslim University (AMU), a hub for Muslim education and culture post-1857.
  • The 1967 Supreme Court judgement (S. Azeez Basha) denied AMU’s minority status, sparking decades of debate.
  • The 2024 AMU case judgement overruled the 1967 verdict, asserting the university’s minority character and aligning with India’s progressive stance on minority rights.

Major Judicial Observations:

  • Majority View: Minority institutions have a right to administer, linked to their establishment (Article 30). AMU qualifies as a minority institution.
  • Dissenting View: Statutory provisions and governance structure challenge minority claims, but broader criteria for determination were acknowledged.
  • Justice D.Y. Chandrachud emphasised no waiver of fundamental rights, following the landmark T.M.A. Pai (2002) and Xaviers (1974) rulings.
  • Debate persisted over whether AMU inherited its minority status from M.A.O. College.

Broader Implications for Minority Institutions:

  • Minority institutions can also be “institutions of national importance” without sacrificing their rights.
  • AMU’s establishment and operation reflect its minority origins, supported by historical documents.
  • The court rejected the notion that adopting governance structures similar to secular universities negates minority character.
  • The case underscores the constitutional protection of minority rights and the importance of ensuring educational institutions promote inclusion without ghettoization.

Sources Referred:

PIB, The Hindu, Indian Express, Hindustan Times