TAG: GS-2: POLICIES & GOVERNMENT
THE CONTEXT: Recently, a seven-judge bench of the Supreme Court laid down a “holistic and realistic” test for assessing the minority status of educational institutions, with the majority verdict clearing the way for recognition of AMU as a minority educational institution (MEI).
EXPLANATION:
More about news:
- The Supreme Court of India, in a 4:3 majority verdict passed by a seven-judge bench, reclassified AMU as a minority institution.
- Chief Justice provided a dual interpretation of Article 30, describing it as both a shield against discrimination and a means of granting minority’s enhanced autonomy in managing their institutions.
- This dual interpretation reinforces the constitutional protection afforded to minorities, granting them greater freedom to operate educational institutions that reflect their cultural values.
- It overturned its 1967 verdict on the minority status of Aligarh Muslim University (AMU).
- A bench headed by the Chief Justice will pronounce its verdict on whether Aligarh Muslim University (AMU) can be granted minority status under Article 30 of the Indian Constitution.
About the Aligarh Muslim University (AMU):
Aligarh Muslim University (AMU) is a prestigious public central university in Aligarh, Uttar Pradesh, India, founded in 1875 by Sir Syed Ahmed Khan as the Muhammadan Anglo-Oriental College. AMU was initially established to advance education among Indian Muslims, promoting scientific and Western learning alongside traditional Islamic studies. The institution evolved into a university in 1920, under the Aligarh Muslim University Act.
What does the Constitution say about minorities?
- Article 29, dealing with the “Protection of Interests of Minorities”, states that “Any class of citizens residing in the territory of India or any part thereof shall have the right to have a distinct language, script or culture” and “No citizen shall, on grounds only of religion, race, caste, language or any of them, be denied admission into any educational institution maintained by the State or receiving aid out of State funds”.
- Article 30: Article 30 of the Indian Constitution gives the right to minorities to establish and administer educational institutions.
- “All minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice.”
- Article 30(1A) deals with the fixing of the amount for the acquisition of the property of any educational institution established by minority groups.
- Article 30(2) states that the Government shall not, in granting aid to any educational institution, discriminate against it on the ground that it is under the management of a minority, whether based on religion or language.
Background of the Controversy around AMU’s Minority Status:
- It originated in 1967 when the Supreme Court (SC) ruled on challenges to amendments to the university’s founding Act, arguing that they stripped the Muslim community of the right to administer the institution.
- In 1951, non-Muslims were allowed to join the University Court (the supreme governing body at the time), and the Visitor – a role held by the President of India, replaced the university’s Lord Rector.
- In 1965, the Executive Council’s powers were expanded, diminishing the University Court’s authority.
- The SC concluded that AMU was not established by the Muslim minority but by an Act of Parliament (Aligarh Muslim University Act, 1920).
- This judgement, known as the S. Azeez Basha vs. Union of India case, held that AMU lacked minority institution status.
- In 1981, the government amended the AMU Act to assert that the institution was created by the Muslim community to advance their cultural and educational goals.
- However, the Allahabad HC struck down both this amendment and AMU’s 50% Muslim reservation in 2006, reaffirming the Azeez Basha ruling.
- The issue was then referred to a larger bench and decision follows years of legal debates and a seven-judge bench led by CJI reserving its judgement in February
- The upcoming judgement will determine if Azeez Basha will be overturned.
What Minority Status Entails for AMU?
- Article 15(5) of the Constitution exempts minority educational institutions from reserving seats for Scheduled Castes (SCs) and Scheduled Tribes (STs).
- Since AMU’s minority status is sub judice, and the SC directed in 2006 that status quo be maintained, the university does not have SC/ST quotas.
- If the SC declares AMU a minority institution:
- AMU would not have to reserve seats for SC/ST/OBC/EWS groups but could reserve seats for Muslims, potentially up to 50% or more.
- The university’s administrative structure would shift from its current setup, which includes a diverse Executive Council, and it would have a separate admissions process.
Conclusion:
The upcoming Supreme Court judgment will be crucial for AMU, determining whether it can claim minority status and retain autonomy over its admissions and governance under Article 30. It will also affect the rights of minority educational institutions and their relationship with state policies on social justice and equality.
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