In a 4-3 ruling on Friday, the Supreme Court overturned its 1967 decision in the S. Azeez Basha vs. Union of India case, which had previously denied Aligarh Muslim University (AMU) recognition as a minority institution.
The Court has now directed a three-judge bench to reassess AMU’s minority status, applying new principles established in this ruling.
A seven-judge Constitution bench, led by Chief Justice DY Chandrachud, delivered the judgment, with the majority opinion written by Justices Chandrachud, Sanjiv Khanna, JB Pardiwala, and Manoj Misra. Justices Surya Kant, Dipankar Datta, and Satish Chandra Sharma dissented.
What Is A Minority Institution?
A minority institution is an educational establishment, such as a college, founded or maintained by individuals or groups from a minority community. The educational rights of these communities are safeguarded under the National Commission for Minority Educational Institutions Act of 2004.
In India, minority institutions enjoy certain benefits, including:
Constitutional Protection: Article 30(1) of the Constitution protects these institutions.
Autonomy in Reservations: They have the authority to set their own seat reservations for disadvantaged groups as per the Right to Education (RTE) Act.
RTE Act Exemption: They are not required to reserve seats under RTE guidelines.
To be designated as a minority institution, the institution must be established by a religious or linguistic minority group that is numerically in the minority within the state it is located. Recognition of this minority status is provided by the state or union territory authorities.
Applicants seeking minority status must apply to the state-designated authority. If granted, there is no need to approach the National Commission for Minority Educational Institutions. However, if the application is denied or delayed, an appeal can be filed with the Commission within 30 days.
History Of Aligarh Muslim University
Aligarh Muslim University (AMU), originally founded as the Muhammadan Anglo-Oriental College in 1875 by Sir Syed Ahmad Khan, was established in Aligarh, Uttar Pradesh.
Founding and Vision:
Sir Syed Ahmad Khan, known for his work Essays on the Life of Mohammed (1870), aimed to create an educational institution that combined British academic standards with the preservation of Islamic culture. Inspired by the structures of Oxford and Cambridge, the college offered instruction primarily in English.
Transition to University:
In 1920, the institution was elevated to university status with the passage of the Aligarh Muslim University Act, largely due to the efforts of Aga Khan III.
Significance:
As the first institution in India to blend Islamic education with Western academics, AMU became a prominent center for learning and intellectual thought. It also played a crucial role in the political discourse of the time, becoming an influential hub for the Muslim League and the eventual foundation of Pakistan.
What Advantages Do The Minorities Get In A Minority Insitution?
Key advantages for minorities in such institutions include:
Admission Preference: Up to 50% of seats can be reserved for students from the minority group represented by the institution.
Teacher Selection: Greater freedom in hiring educators who reflect the community’s values and cultural needs.
Curriculum Control: The ability to incorporate specific cultural, religious, and linguistic elements into the educational content.
Leadership Influence: A more significant role in decision-making processes related to the institution’s administration and policies.
Protection of Identity: A supportive environment for preserving and celebrating the community’s unique cultural practices and language.
Important Considerations
Non-Discrimination: While minorities benefit from these advantages, the institution must still adhere to general laws and cannot discriminate against students from other communities.
Government Oversight: Minority institutions are subject to government regulations, especially regarding academic standards.
Constitutional Protection: The right to establish and manage minority educational institutions is generally safeguarded by the Constitution.
Timeline Of The 1967 AMU Minority Case
1875:
Muhammadan Anglo-Oriental College was founded by Sir Syed Ahmad Khan in Aligarh, Uttar Pradesh, with the aim of providing a blend of Islamic and Western education.
1920:
The Aligarh Muslim University Act was passed, officially elevating the institution to university status. The university continued to be a center for higher education for Muslims in India.
1951:
The AMU Act was amended to remove the provision requiring compulsory religious instruction, significantly altering the original character of the university.
1967:
The Supreme Court of India delivered its landmark judgment in the S. Azeez Basha vs. Union of India case. The court ruled that AMU, despite its historical connection to Muslims, could not be classified as a minority institution because it was a Central University established by an Act of Parliament.
The verdict based its decision on the argument that AMU, being a central university, was under the control of the Indian government and received substantial state funding, thus disqualifying it from being considered a “minority” institution under the Constitution.
Post-1967:
Following the 1967 judgment, the legal status of AMU as a minority institution was continually contested, with various appeals and challenges brought before the courts and the Indian government.
1981:
The AMU Act was amended again, granting the university minority status. However, the amendment was not fully accepted, and legal challenges against it continued, as critics argued that the status did not restore the full rights the university had before 1951.
1990s-2000s:
Legal disputes continued over the minority status of AMU, including challenges to the 1981 amendment, with the Supreme Court referring the matter to a seven-judge bench for a final determination in 2019.
2019:
The issue of AMU’s minority status was referred back to a seven-judge Constitution bench of the Supreme Court. The case has remained under legal scrutiny with various opinions being considered, including those concerning the extent of AMU’s religious affiliation and whether it qualifies as a minority institution under Indian law.
2024:
In a 4-3 decision, the Supreme Court reversed its 1967 ruling in the S. Azeez Basha vs. Union of India case, which had denied Aligarh Muslim University (AMU) minority status. The Court has now instructed a three-judge bench to reconsider AMU’s minority status based on the new principles outlined in this judgment.
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