SC overrules 1967 verdict against AMU’s minority tag

News: A seven-judge constitution bench of the Supreme Court has held that an educational institute established by a minority community will not lose its identity once it is recognised through a statute. In doing so, it has overruled its judgement in the 1967 case of S. Azeez Basha versus Union of India, which denied minority tag to Aligarh Muslim University (AMU).

1. In the S. Azeez Basha versus Union of India 1967, the SC held that AMU was a Central university and cannot be considered a minority institution as it came into existence through an Act of the central legislature.

2. Further, the 1967 verdict held that religious minorities did not have a right to administer educational institutions not established by them, and thus do not enjoy protection under Article 30(1) of the constitution.

3. Subsequently, the Parliament passed the AMU (Amendment) Act in 1981 to accord minority status to AMU. However, this amendment was struck down by the Allahabad High Court in 2006. The matter was then referred to a seven judge SC bench in 2019.

4. Article 30 of the Indian Constitution deals with the rights of religious and linguistic minorities to establish and administer educational institutions of their choice.

5. Article 30(1) states that all minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice.

6. In the present verdict, the SC held that Article 30(1) has both an anti-discriminatory and special rights provision in favour of religious and linguistic minorities.