The Supreme Court of India recently delivered a significant verdict regarding the minority status of Aligarh Muslim University (AMU). The court overruled the 1967 Aziz Basha judgment, which held that AMU could not claim minority status as it was not established and managed by a minority community. This new decision is poised to end decades of debate and legal challenges surrounding AMU’s status as a minority institution under Article 30 of the Indian Constitution, which grants religious and linguistic minorities the right to establish and administer educational institutions.
The 1981 Amendment and Minority Status Debate
The controversy around AMU’s minority status mainly stems from the 1981 amendment to the AMU Act, which sought to grant the university minority status. Critics argued that the amendment was incomplete and that AMU’s acceptance of government funding disqualified it from being considered a minority institution. On the other hand, supporters have long maintained that AMU retains its distinct minority character, owing to its historical roots and purpose.
Establishment and Administration: The Core of the Issue
The Supreme Court’s recent ruling emphasizes that the key factor in determining whether an institution is a minority institution is who established it. In a 4:3 majority verdict, the bench stated that a regular three-judge bench would now decide whether AMU is a minority institution based on the indicia established by a previous seven-judge bench. According to the apex court, it is crucial to examine the historical context of the establishment and the continuous management of the university to determine its status.
AMU’s Historical Background
Founded in 1875 by Sir Syed Ahmad Khan, AMU became a central university in 1920. Its foundation was intend to provide quality education to the Muslim community, and over the years, it has evolve into a prominent institution for higher education in India. The 1967 judgment had conclude that, since AMU was convert into a central university an act of Parliament, it could not be consider a minority institution. This interpretation has now overruled the Supreme Court, paving the way for the reconsideration of the university’s constitutional status.
Mixed Reactions to the Verdict
Following the Supreme Court’s verdict, members of the AMU community welcomed the decision and expressed optimism about the future outcome. Professor Mohd. Aasim Siddiqui, Member Incharge, PRO Department at AMU, said, “We welcome and accept this judgment.”
Similarly, AMU’s Vice Chancellor, Prof. Naima Khatoon, emphasized that the university respects the judgment and will proceed in consultation with legal experts. “Everybody honours the Supreme Court judgment; we also respect it. We will just wait. We will discuss with our legal experts and then examine the matter,” she added.
Student Reactions and Campus Celebrations
Students of AMU were elated with the verdict. Many celebrated on campus, expressing their hope that the university would continue to retain its minority status. “We welcome the SC decision… We celebrated, and we are very happy with it,” said one student, capturing the general sentiment among students who view the decision as a significant milestone in safeguarding the identity of the institution.
Support from Legal and Community Representatives
The All India Shia Personal Law Board also express satisfaction with the verdict, with General Secretary and spokespersons stating, “I welcome this verdict because it is hope that the three-judge bench of the Supreme Court will give a favorable judgment to continue the minority status of Aligarh Muslim University.”
Lawyer and petitioner Azam Mir, who played a key role in the case, also voice his support. “The court 4:3 held that the 1967 judgment, which held that AMU is not a minority institution, was incorrect and is overruled. It has set parameters for what is required for an institution to be established by a minority,” said Azam Mir.
Senior Advocate MR Shamshad’s Perspective
Senior advocate MR Shamshad provided further insight into the implications of the ruling. He note, “Aligarh Muslim University was establish minority and administere minority – that’s what was contend, and that has the case of AMU since the begin. The 1967 judgment stated that if Parliament has pass legislation, then the word ‘establish’ will treat as if it has establish Parliament and not a minority. That view has overrul the five judges.”
Shamshad explain that the core issue now is whether AMU was establish a minority community. If proven, the matter ends there. However, the court will still need to examine whether the university has continuously administere a minority, which will now argue before the regular bench.
Conflicting Opinions Among Justices
The ruling was not without its dissenting voices. Justice Dipankar Datta fundamentally differed from Chief Justice of India (CJI) Chandrachud’s majority opinion, which validated the referral of the AMU case by a two-judge bench directly to a seven-judge bench. Justice Datta questioned whether such a move was procedurally correct, suggesting that referring the case directly could set a dangerous precedent. He conclude that AMU should not considere a minority institution.
Similarly, Justice S C Sharma noted that the Constitution does not permit preferential treatment for minority institutions over other institutions. He state, “What is need is bringing minority educational institutions on par with other institutions.”
Future Course of Action for AMU
With the majority verdict in place, AMU is now awaiting a final decision from the regular three-judge bench. According to Professor Aftab Ahmad, the minority status will remain intact for now. “SC majority judgment has not said anything about the minority status. So it will remain as a minority institution. We will read the judgment and decide the next course of action,” he stated.
PRO Omar Saleem Peerzada’s Comments
Speaking about the Supreme Court’s verdict, AMU PRO Omar Saleem Peerzada said, “AMU honours the decision of the SC… For now, we are dedicate to maintaining academic actions, nation-building, and inclusivity.” His words reflect the broader sentiment at AMU, where the focus remains on moving forward with educational activities and contributing positively to the nation Aligarh Muslim University.
Read More: Trump Makes History: First Female White House Chief of Staff Appointed
Conclusion
Aligarh Muslim University, The Supreme Court’s verdict on AMU’s minority status marks a significant development in the long-standing debate over the university’s constitutional position. By overruling the 1967 Aziz Basha judgment, the court has paved the way for a fresh examination of AMU’s historical and administrative origins. The three-judge bench that will decide the final status of AMU now has the challenging task of balancing constitutional principles with the need to recognize the unique legacy of the university. As the debate continues, one thing remains certain—AMU’s role in providing quality education and fostering inclusivity remains as vital as ever.
