Supreme Court Reconsiders AMU Minority Status in Landmark Ruling

In a significant judgment, the Supreme Court of India has overruled its 1967 decision that denied Aligarh Muslim University (AMU) the right to claim minority status.

With a 4:3 majority, the top court has now referred the question of AMU’s minority institution status to a separate three-judge bench for final determination.

The court’s 1967 ruling in the Azeez Basha vs Union of India case held that AMU, as it was established by an act of Parliament, could not be considered a minority institution. However, Friday’s decision redefines this stance, stating that being established by a statute should not automatically strip an institution of its minority status.

Chief Justice DY Chandrachud, who delivered the majority opinion on his last working day, was joined by Justices Sanjiv Khanna, JB Pardiwala, and Manoj Misra. In contrast, Justices Surya Kant, Dipankar Datta, and SC Sharma expressed dissenting opinions.

Minority Status to Be Decided by New Bench

The case for AMU’s minority status resurfaced after a 2006 Allahabad High Court verdict, which also held that AMU could not claim minority institution status. With the Supreme Court’s new ruling, a separate three-judge bench will now thoroughly examine and decide this contentious issue.

The judgment underscores a shift in interpreting minority status and opens the possibility of a more inclusive approach, especially regarding institutions with distinct historical and cultural legacies. The decision also sets the stage for further discussion on educational rights within the framework of minority communities.