SC ON ALIGARH MUSLIM UNIVERSITY
- On 8 November 2024, the Supreme Court of India made an important ruling regarding the Aligarh Muslim University (AMU)
- The Court overruled its 1967 decision in the Azeez Basha case, which had previously denied AMU the status of a minority institution.
- The new judgment stated that just because an educational institution is created by a law (a statute) does not mean it loses its minority status.
HISTORY OF AMU
- Sir Syed Ahmad Khan established the Muhammadan Anglo-Oriental College in Aligarh, with the aim of providing modern education to Muslims in India, who were perceived to be socially and educationally backward.
- The institution later became the basis for AMU.
- The Aligarh Muslim University Act was passed by the Indian Legislative Council in 1920, formally transforming the MAO College into Aligarh Muslim University (AMU).
BACKGROUND OF AMU DISPUTE
- The legal case began in 2006, when the Allahabad High Court cancelled changes made to the AMU Act (1981), which had restored AMU’s minority status.
- The court referred to the 1967 Azeez Basha case, where the Supreme Court had ruled that AMU was not a minority institution because it was set up by a law (the AMU Act of 1920) passed by the Central Government, not by the Muslim community itself.
KEY EVENTS IN LEGAL JOURNEY
- 1967 (Azeez Basha Case): The Supreme Court ruled that AMU was not a minority institution. The Court said that because AMU was created by the government through a statute, it could not be considered a Muslim minority institution.
- 1981 Amendment to the AMU Act: The Act was amended to state that AMU was created to benefit the Muslim community.
- However, the Supreme Court did not change its decision and did not recognize AMU as a minority institution.
- 2005-2006: AMU began offering reservations (special seats) for Muslim students in its postgraduate medical courses.
- The Allahabad High Court ruled against this, again using the earlier 1967 decision as the basis for its judgment.
- 2019-2024: The case was sent to a 7-judge bench of the Supreme Court for reconsideration.
- November 2024: The Supreme Court ruled that AMU can claim minority status, overturning the earlier decision from 1967.
ARGUMENTS OF CENTER & AMU
The Central Government argued that recognizing AMU as a minority institution could:
- Lead to too many seats being reserved (up to 50%) for Muslim students, which would differ from other national universities.
- Make AMU a special institution, different from other national universities, which could affect its functioning and governance.
AMU’s Defense:
AMU’s legal team argued that Article 30 of the Indian Constitution protects the rights of minorities to establish and manage educational institutions. They said:
- AMU’s exemption from reservations for SC/STs was in line with minority rights, allowing the university to run the institution in a way that best serves the Muslim community’s interests.
- This approach was a balance between minority rights and the rights of other groups in society.
THE SC RULING (NOVEMBER 2024)
In a 4-3 majority decision, the Supreme Court:
- Overruled the 1967 Azeez Basha case and ruled that AMU can claim minority status.
- Stated that just because an institution is created by a law (statute) does not mean it automatically loses its minority status.
- Emphasized that the purpose and community involvement behind the institution’s creation are more important than how it was created.
MAJORITY VERSUS DISSENTING OPINION
- Majority Opinion:
- Chief Justice D.Y. Chandrachud, leading the majority opinion, ruled that statutory creation (i.e., creation by a law) does not remove minority status.
- The Court said that the important factor is who established the institution and for what purpose.
- The majority emphasized that minority institutions should be protected under Article 30 and that the legal process used to create the institution does not change its identity.
- Dissenting Opinion:
- Justice Dipankar Datta and other dissenting judges argued that AMU should not be recognized as a minority institution because it was created through a statute.
- Other dissenting judges also questioned whether the case should have been referred to a larger bench to reconsider the earlier ruling.
CONSTITUTIONAL PROVISIONS REFERENCED
- Article 30: This article grants minorities the right to establish and manage educational institutions of their choice. It protects these institutions from state interference and ensures that the minority community can control the institution’s admissions, management, and rules.
- Article 15(5): Added in 2006, this provision allows minority institutions to not reserve seats for Scheduled Castes (SCs) and Scheduled Tribes (STs), which has been a key issue in the AMU case.
- Article 30(2): Ensures that minority educational institutions are not treated unfairly by the state in terms of funding or regulation.
KEY POINTS OF THE COURTS JUDGEMENTS
- Minority Status Depends on Purpose, Not Statutory Creation: The Court ruled that the origin and purpose of an institution are more important than whether it was created by a law. If a minority community established or supported an institution, it should keep its minority status, even if it was created by a law.
- State Regulation Cannot Be Discriminatory: While the state can regulate minority institutions, it cannot treat them unfairly or discriminate against them in terms of funding or regulations. Minority institutions should be treated equally under Article 30.
- Minority Rights Include Secular Education: The ruling clarified that Article 30 is not just about religious education. It also protects the rights of minorities to run institutions offering secular education, ensuring broad academic freedom.
- No Difference Between Institutions Set Up Before or After the Constitution: The Court ruled that minority institutions set up before or after the Indian Constitution (1950) can be recognized as minority institutions under Article 30. It does not matter if the institution was created before India’s independence or through a law passed after 1950.
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