The Supreme Court of India has issued a landmark decision that could reshape the status of Aligarh Muslim University (AMU). In a 4:3 majority ruling, a seven-judge Constitution Bench led by Chief Justice DY Chandrachud overturned a 1967 judgment that had prevented institutions established by legislative acts from claiming minority status. This decision has significant implications for AMU’s long-standing quest for recognition as a minority institution under Article 30 of the Indian Constitution.
Re-evaluation of AMU’s Minority Status
With this new ruling, the Supreme Court has directed a regular bench to re-examine AMU’s minority status. This upcoming review will delve into whether AMU, although formally established by Parliament, was originally founded by a minority community and created with its values and vision in mind. The court’s reassessment will be grounded in fresh criteria set by the majority opinion, focusing on the identity and intent of the institution’s founders.
Key Points from the Majority Judgment
In delivering the majority opinion, Chief Justice DY Chandrachud, along with Justices Sanjiv Khanna, JB Pardiwala, and Manoj Misra, clarified that minority status should not be determined solely by whether an institution was legislated into existence. Instead, the court emphasized that an institution retains its minority character if it was originally envisioned and created by a minority group, regardless of legislative involvement. The judges noted that the earlier ruling in S. Azeez Basha vs. Union of India, which had barred institutions established by legislation from claiming minority status, was based on a flawed interpretation and was therefore overruled.
Majority Opinion Statement
“The view taken in Azeez Basha that an educational institution cannot be considered minority if its legal foundation is through a statute is overruled,” the majority decision declared. This new interpretation broadens the scope for institutions like AMU to establish their minority status based on historical context and the founders’ intent, not merely legislative procedures.
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