• UGI USER
  • Jan 11, 2024
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SC OBSERVATIONS ON MINORITY STATUS

Why in the News?

  • A seven-judge Bench, led by Chief Justice D.Y. Chandrachud, made significant observations regarding the minority status of educational institutions.

Case Background:

  • The ongoing case pertains to the minority status of Aligarh Muslim University.
  • The Bench is examining references related to criteria for designating an educational institution as a minority institution, stemming from a 1967 judgement in S. Azeez Basha vs Union Of India.
S. Azeez Basha vs Union Of India

In the 1967 judgment of S. Azeez Basha vs Union Of India, a five-judge Bench concluded that Aligarh Muslim University was a central university, and minority status could not be conferred upon it, invalidating amendments to the AMU Act of 1920.

Key Observations:

  • Statute Regulation and Minority Status:
  • The Bench emphasized that being regulated by a statute doesn’t strip an educational institution of its minority status.
  • Regulations by law do not necessitate administration exclusively by members of a minority community.
  • Diverse Educational Offerings:
  • The court clarified that a minority institution need not limit itself to religious courses; it can offer a variety of educational programs.
  • Article 30 of the Constitution doesn’t mandate exclusive administration by a minority; a secular administration is acceptable.
Article 30

Article 30 of the Indian Constitution grants religious and linguistic minorities the right to establish and administer educational institutions. It ensures these institutions can maintain their own cultural and educational identity, contributing to the diversity of educational options in the country.