Historic Victory: Supreme Court Empowers Aligarh Muslim University with Overturned Minority Status Ruling

In a landmark judgment, the Supreme Court has overturned its 1967 decision that denied Aligarh Muslim University (AMU) the status of a minority institution. The decision came from a narrow 4:3 majority, bringing new dimensions to AMU’s longstanding quest for minority status. The verdict, however, leaves open the question of AMU’s minority status, which will now be addressed by a separate three-judge bench.

The original 1967 ruling in Azeez Basha vs Union Of India determined that AMU could not be recognized as a minority institution because it was established by a statute. However, the current judgment redefines this perspective. It emphasizes that an institution does not lose its minority status solely because the government enacts laws to regulate or govern it. The majority opinion articulated that AMU’s incorporation by imperial legislation does not negate its establishment by a minority community. It argued against the notion that the university was merely a creation of Parliament.

Chief Justice of India DY Chandrachud led the delivery of the majority opinion on his last working day, with Justices Sanjiv Khanna, JB Pardiwala, and Manoj Misra concurring. Meanwhile, Justices Surya Kant, Dipankar Datta, and SC Sharma dissented.

This decision follows a plea challenging the 2006 ruling by the Allahabad High Court, which stated that AMU did not qualify as a minority institution. The Supreme Court underscored that determining an institution’s minority status requires examining who established it. The assessment involves investigating the origin of the institution, identifying the key figures behind its founding, and evaluating whether the minority community contributed resources such as land funding.

The ruling thus opens a new chapter in the legal discourse regarding the minority status of educational institutions in India, with AMU’s fate now contingent on further judicial scrutiny.

Original Story https://www.indiatodayne.in/national/story/supreme-court-overrules-1967-order-denying-minority-status-to-aligarh-muslim-university-1117610-2024-11-08?utm_source=rssfeed
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Publish Date: 2024-11-08 12:20:00