Source: This post on Supreme Court Overrules 1967 Verdict on AMU’s Minority Status has been created based on the article “Supreme Court overrules 1967 verdict agains Aligarh Muslim University’s minority tag” published in The Hindu on 9th November 2024.
Why in news?
In a 4:3 majority decision, the Supreme Court recently declared that an institution founded by a minority community retains its minority status even if it is later recognized by statute.
Background of the Case
1. The 1967 judgment in S. Azeez Basha vs. Union of India had denied minority status to AMU, considering it a central university, thus ineligible for Article 30(1) protections.
2. Article 30(1) allows religious and linguistic minorities the right to establish and manage their own educational institutions.
3. The AMU (Amendment) Act of 1981 restored the university’s minority status, but the Allahabad High Court struck down the relevant provision in 2006, leading to the present review by the Supreme Court.
About the Judgement
1. Interpretation of Article 30: Article 30(1) as both anti-discriminatory and a special rights provision for minorities. The right ensures autonomy for minority institutions and protects them from discriminatory legislation or actions that could restrict the establishment or management of these institutions.
2. Requirement for Minority Status: The onus is on the community to demonstrate that the institution was established to serve and preserve its cultural identity. This intent can be evidenced through founding documents, speeches, and other primary sources related to the institution’s formation.
3. Scope of Minority Institutions’ Rights: The court clarified that Article 30(1) applies not only to institutions offering religious education but also to those imparting secular education. The Chief Justice emphasized that institutions don’t lose their minority status if their administration includes members from outside the community, especially in fields requiring specific expertise like law or medicine.
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