A seven-judge bench of the Supreme Court, in a 4-3 majority ruling, established a “holistic and realistic” test to assess the “minority character” of educational institutions in India. The decision by the SC could pave the way for Aligarh Muslim University (AMU) to be recognized as a minority institution.
What is the background of the AMU Case?
| S. Azeez Basha v. Union of India 1967 | The SC ruled that AMU did not qualify as a minority institution under Article 30 of the Constitution, as it was neither established nor administered by the Muslim minority. AMU’s creation through a central legislative act (AMU Act of 1920), prevented it’s qualification as a minority institution. |
| Amendment of the AMU Act in 1981 | The Government of India amended the AMU Act of 1920, recognizing the institution as one established by the Muslim community for their cultural and educational advancement. |
| Allahabad HC’s Striking down of Muslim Reservation 2006 | In 2005, AMU introduced a 50% reservation for Muslim students in postgraduate medical courses. However, the Allahabad HC struck down the AMU’s reservation policy and 1981 amendment of the AMU Act 1920. The Allahabad HC referred to the Basha Ruling of AMU not being a minority institution. |
The HC’s decision was appealed in the SC. The Supreme Court referred the matter to a seven-judge bench in 2019.
What has been the recent ruling of the SC regarding minority institutions?
The SC has defined the following key elements to determine the Muslim character of the institutions.
| Purpose | The primary objective of the minority institutions should be to preserve minority language and culture. However, the preservation of minority language and culture doesn’t need to be the sole purpose. |
| Admission | Admitting non-minority students does not compromise minority character of the institutions. |
| Secular Education | Minority institutions may provide secular education without losing their minority status. |
| Religious Instruction | Institutions receiving government aid cannot require religious instruction for students. Fully state-funded cannot offer religious instruction. However, they will retain their minority status. |
Supreme Court’s “Test” for Minority Character
The Court introduced a two-part test to assess if an institution qualifies as a minority institution by “piercing the veil” to evaluate its establishment and administration.
| Establishment | This part of the test examines the institution’s origin and purpose. Genesis: Identification of initiation of the idea and whether the founding intention was primarily for the minority community. Funding and Implementation: Examining who financed the institution, how land was acquired, and who oversaw its development. |
| Administration | Minority institutions have the choice, but not the obligation, to appoint members from their own community to administer day-to-day affairs. However, if an institution’s administration does not align with the minority’s interests, it could imply the institution was not primarily for minority benefit. |
What is the legal and constitutional protection of the minority institutions?
| Article 30(1) | Grants all minorities the right to establish and administer educational institutions of their choice. |
| Article 15(5) | Exempts MEIs from reservations for Scheduled Castes (SCs) and Scheduled Tribes (STs). |
Minority institutions have greater control over administration, such as reserving up to 50% of seats for minority students and autonomy in staff recruitment.
What are the benefits of establishment of minority institutions?
1. Greater autonomy and control over Curriculum- Minority institutions can design their curricula to include cultural education alongside standard academic subjects. This ensures the preservation and promotion of unique heritage of the community.
2. Promotion of Heritage- The minority institutions serve as vital platforms for promoting and preserving the specific languages, scripts, and cultures of minority communities.
3. Community Cohesion- Minority institutions foster community cohesion and solidarity by providing education within a familiar cultural context. This reinforces shared values and traditions.
4. Access to Quality Education- Minority institutions focus on improving educational outcomes within their communities. This can lead to higher literacy rates and better educational attainment among minority students.
5. Reservation for minorities- MEIs can reserve a significant percentage of seats for students from their own community. This ensures that members of the minority group have prioritized access to education.
What are the Challenges with Minority Educational Institutions?
1. Inadequate Resources- Many minority institutions suffer from a lack of adequate infrastructure, teaching materials, and trained educators. This often leads to poor educational outcomes.
2. Concerns of Misuse of Minority Status- There are concerns that some institutions misrepresent themselves as minority-run to evade regulations under the Right to Education (RTE) Act. This includes practices such as admitting non-minority students while claiming minority status.
3. Corruption and Mismanagement- Some private unaided minority institutions are plagued by issues of financial irregularities and lack of transparency in operations.
4. Lack of Accountability- There are issues of insufficient oversight regarding the operation of the institutions. This has led to poor governance and lack of accountability for educational standards.
Conclusion
The Supreme Court’s latest judgment has outlined a nuanced approach to assess the minority character of the institutions. This requires the institution’s founding intent and administrative structure. The smaller bench’s upcoming review of AMU’s case will apply this new test, potentially confirming AMU’s minority institution status, thereby affirming minority rights under the Constitution.
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