Headline
The Supreme Court of India rules on minority status of Aligarh Muslim University (AMU).
Summary
The Supreme Court of India, in a 4:3 majority ruling, held that the minority status of an educational institution, like Aligarh Muslim University (AMU), is not canceled simply due to regulation of the government or administration by non-minority members. The 7 judge Bench overruled the judgment of 1968 in S Azeez Basha vs Union of India.
Key facts
- Case Name: Aligarh Muslim University Through its Registrar Faizan Mustafa vs. Naresh Agarwal and ors
- Judges Name: CJI DY Chandrachud, Justices Sanjiv Khanna, Surya Kant, JB Pardiwala, Dipankar Datta, Manoj Misra, Satish Chandra Sharma.
- The Supreme Court of India ruled that a status of minority institution depends on who established it, not on its administration or regulation by law.
- Overruled Precedent: The judgment of 1968 Azeez Basha, which had declared minority status of AMU as void due to parliamentary regulation.
- Dissenting Opinion: Justices Surya Kant, Datta, and Sharma disagreed, stating that both establishment and administration must be by minorities to claim such status.
Legal Insights
The ruling shed light that government regulation of minority institutions is allowable under Article 19(6) of the Indian Constitution, provided it doesn’t infringe on their minority character.
Impact
The decision permits AMU to retain its minority status despite being a Central University, affecting other similar institutions’ rights.
Why It Matters
This case reaffirms the constitutional safeguard for minority educational institutions, ensuring their continued autonomy despite government regulation.
Source:
