What is the long-running legal dispute over AMU’s minority character

Source: This post has been created based on the article “What is the long-running legal dispute over AMU’s minority character” published in “Indian Express” on 10^th January 2024.

UPSC Syllabus Topic: GS Paper 1 Indian Society – Secularism.

News: The article discusses the long-running legal dispute over Aligarh Muslim University’s minority character.

Background:

A 7-judge Bench of the Supreme Court recently started hearing the matter related to Aligarh Muslim University’s minority character.

What is the history of the Aligarh Muslim University (AMU)?

AMU’s origins can be traced back to the Muhammadan Anglo-Oriental (MOA) College, established by Sir Syed Ahmad Khan in 1875. It was established to help Muslims overcome educational backwardness and prepare for government services.

It imparted Western education as well as Islamic theology. Sir Syed also advocated for women’s education.

In 1920, the institution was conferred university status.

What does a ‘minority character’ of an educational institution mean?

Article 30 (1) of the Constitution empowers all religious and linguistic minorities to establish and administer educational institutions.

This provision reinforces India’s commitment to ensure the welfare of minority communities by guaranteeing that it will not discriminate in giving aid based on their ‘minority’ status.

What has been the Supreme Court’s stand on AMU’s minority character over the years?

The legal dispute over AMU’s minority status started in1967:

S. Azeez Basha and another versus Union of India 1967): Here SC was reviewing changes made in 1951 and 1965 to the AMU Act of 1920. The petitioners argued that Muslims established AMU and, therefore, had the right to manage it.

Observations of the Court:

1. SC held that AMU was neither established nor administered by the Muslim minority.
2. It emphasized that AMU was established through a central Act to ensure the government’s recognition of its degrees.
3. It also stated that the university was not solely operated by Muslims.

Why has this legal issue persisted?

Since 1967, the issue has persisted due to a combination of judicial interpretations and executive actions. These include:

In 1981, an amendment to the AMU Act explicitly affirmed its minority status.

In 2005, the AMU implemented a reservation policy (reserving 50% of seats in postgraduate medical courses for Muslim candidates). This was challenged in the Allahabad High Court which overturned the reservation and nullified the 1981 Act. It held that AMU, according to the SC’s verdict in the S. Azeez Basha case, did not qualify as a minority institution.

In 2006, various petitions, including one from the Union government, contested the High Court’s decision before the Supreme Court.

In 2016, the government withdrew the appeal filed by the government. It held that the government cannot be seen as setting up a minority institution in a secular state.

Question for practice:

India’s model of secularism allows certain exceptions for the welfare of minorities. Discuss in the context of AMU’s minority character.