SC overturned its 57-year-old decision on AMU, what was that order?

AMU Minority Status: Recently, the Supreme Court in a historic decision supported granting minority status to Aligarh Muslim University (AMU). The seven-judge Constitution Bench of the Supreme Court gave this verdict by a majority of 4-3, in which the court said that AMU is eligible for minority status under Article 30 of the Indian Constitution. This decision overturned the decision given by the Supreme Court 57 years ago in 1967, which said that AMU cannot get the status of a minority institution.

How did the controversy start?

The credit for the establishment of AMU goes to Sir Syed Ahmed Khan, who laid its foundation with the aspiration to establish a prestigious educational institution in British India. His dream was to establish higher education institutions like Oxford and Cambridge in India. Under this objective, a madrasa named 'Madrasa-tul-Uloom' was established in Aligarh in 1873, which later became the Mohammedan Anglo-Oriental College in 1877 and was finally given the status of Aligarh Muslim University in 1920.

The initial objectives of AMU included the upliftment of the Muslim community and increase in education. But some amendments were made in the 'AMU Act' of 1920, which prohibited religious education and opened the doors of the university to students of all religions.

Supreme Court decision of 1967

In 1967, a five-member bench of the Supreme Court, while considering the minority status of AMU, said that AMU was established by the British government and hence it cannot be considered a minority institution. The court also said that since the British government had given legal recognition to create this university, it cannot be considered an institution of the Muslim community.

Amendment of law in 1981 and minority status

Following the 1967 decision, the Central Government amended Section 2(1) of the AMU Act in 1981, recognizing it as a "Muslim-favored institution" and granting it minority status. Under this, AMU got rights as a minority institution.

2006 Allahabad High Court decision and new controversies

In 2005, AMU reserved 50% of the seats in postgraduate medical courses for Muslim students, against which Hindu students approached the Allahabad High Court. In its 2006 decision, the High Court opposed granting minority status to AMU, saying that it is a central university and reservation cannot be given on this basis. After this, AMU appealed to the Supreme Court and in 2019 the matter was referred to a seven-judge Constitution Bench.

Latest Supreme Court verdict in 2024: Minority status upheld

In the recent verdict, a seven-member bench of the Supreme Court by a majority of 4-3 granted minority status to AMU. The verdict said that the claim of minority status does not depend on whether an institution is legally established or not. The court clarified that if the purpose and intent of the establishment of the institution points towards a minority community, then it can claim minority status under Article 30.

However, the Supreme Court also said that the matter should be referred to the Chief Justice to examine the validity of the 2006 Allahabad High Court verdict so that a new bench can be constituted to consider it.

Conclusion

This verdict is an important step towards respecting the rights granted to minorities under the constitutional framework of India. This verdict will not only uphold the minority status of AMU but will also strengthen the cultural and educational autonomy granted to minority communities by the Constitution.