New Delhi : In a landmark ruling, the Supreme Court of India has upheld the minority status of Aligarh Muslim University (AMU), quashing the contentious 1967 decision that disqualified the institution from minority recognition. The court has decided to refer the case to a regular bench for further hearings, following a 4:3 majority decision led by Chief Justice Dhananjay Chandrachud. During the hearing, the Chief Justice outlined that the criteria for determining whether AMU qualifies as a minority educational institution will be based on principles established in the recent judgment. The court has instructed that all relevant records be submitted before a regular bench to address appeals against the 2006 ruling by the Allahabad High Court.
The issue of AMU’s minority status has been mired in legal complexities for over two decades. The Supreme Court had previously referred the contentious matter to a seven-judge bench in 2019, echoing a similar reference made in 1981. The university regained its minority status with the passage of the AMU (Amendment) Act by Parliament in 1981. However, subsequent governments have challenged this status, citing the 1967 ruling stemming from the Aziz Basha v. India case, which argued that AMU, as a central university, is not a minority institution due to its government funding. The ruling has sparked a divide among justices. Justices Satish Chandra Sharma, Dipankar Dutta, and Surya Kant expressed dissenting opinions.
Justice Sharma emphasized the importance of safeguarding minorities' rights to education, asserting that any law or action discriminating against religious or linguistic minorities undermines Article 30(1) of the Constitution. Justice Dutta raised concerns over the implications of accepting the majority vote, warning it could set a dangerous precedent affecting constitutional integrity. Justice Surya Kant contested the appropriateness of referring the matter to a seven-judge bench. As the legal discourse continues, the future of AMU's minority status remains a critical issue, reflecting broader questions about educational rights and minority protections in India. The regular bench will now take on the challenge of navigating this complex legal landscape as the university and its supporters await clarity on its standing.
