Supreme Court overturns verdict that Aligarh Muslim University can’t be minority institution

Mangalore Today News Network

New Delhi, November 8, 2024: The Supreme Court on Friday overruled by 4:3 majority the 1967 judgement which held that Aligarh Muslim University (AMU) can’t claim minority status as it was created by a statute. The court, however, left it to a three-judge bench to decide afresh whether or not the central unviersity was ’established’ by a minority.

The case heard by a seven-judge Constitution bench headed by Chief Justice DY Chandrachud  pertained to a quetion on whether or not AMU is a minority institution under Article 30 of the Constitution. Article 30 empowers religious and linguistic minorities to establish and administer educational institutions in India.

“The decision in Azeez Basha is overruled, the question on deciding the minority status of AMU must be done on the basis of the tests laid down in the present case, papers to be placed before the CJI for constituting a bench to decide the issue and correctness of 2006 Allahabad HC judgement,” the CJI said according to legal news website Bar and Bench.

CJI DY Chandrachud wrote the majority judgment. Justices Surya Kant, Dipankar Datta and SC Sharma dissented.

In 1967, in the case of S Azeez Basha V Union of India, a 5-judge Constitution Bench had held that AMU was not a minority institution. It had referred to the AMU Act, 1920, which established the university and held that it was neither established nor administered by the Muslim community – a requirement for minority educational institutions under Article 30 (1) of the Constitution.

The bench, also comprising Justices Sanjiv Khanna, Surya Kant, J B Pardiwala, Dipankar Datta, Manoj Misra and Satish Chandra Sharma, had reserved its verdict on the question on February 1 after hearing arguments for eight days.

There are 4 judgements in the case announced on Friday.  Four judges give majority verdict while three judges pass dissent judgement. CJI  authored the majority. The three dissenting judges were Justice Surya Kant, Justice Dipankar Datta and Justice Sharma.