AMU 'Chaman' For Minorities Or For Everyone? A Look At Aligarh Muslim University's Status Since Independence
SC has ruled that AMU can claim minority status, overturning its own 1967 judgment. Here's a summary tracing AMU's legal journey concerning its minority status.
In the seven-judge Supreme Court bench judgment read out by Chief Justice of India DY Chandrachud on his last day at work, it was spelt out that Aligarh Muslim University (AMU) can be declared as a minority institute. The bench gave a 4:3 judgment in favour of the institute's status to be claimed as a minority, while overruling the 1967 SC Judgment in S Azeez Basha vs Union Of India case that said an institution incorporated by a statute cannot claim to be a minority institution. Whether AMU is a minority institution will now be decided by a three-judge bench based on the apex court's view shared on Friday (November 8, 2024).
Today's judgment by CJI Chandrachud paved the way for AMU to claim the minority status, which was earlier not possible as per the 1967 SC verdict. Based on the 4:3 decision, a three-judge bench will now examine critical questions, including who founded the university, who was the "brain" behind its establishment, and who gathered funds to create the institution. If this inquiry points to a minority community, AMU could be able to claim minority status under Article 30.
Aligarh Muslim University holds significance for its community, referred to in the AMU Tarana (anthem) as 'Ye Mera Chaman (This is My Garden)', which reflects students' pride in their "garden of learning". The legal journey surrounding AMU's minority status has spanned decades and is marked by pivotal judgments. Let us have a look:
Road To SC's 7-Judge Bench
A seven-judge bench was formed as a result of a reference order in 2019 by a three-judge bench led by then-Chief Justice Ranjan Gogoi. This referral came as the court heard an appeal against a 2006 judgment of the Allahabad High Court.
In the 1967 case of Azeez Basha vs Union of India, the SC ruled that AMU is a central university created by an Act of Parliament (the 1920 Act) and, therefore, not a minority institution protected under Article 30 of the Constitution. The court noted that the origins of AMU traced back to the M.A.O. College, but the transition to university status was enacted by the 1920 Act of Parliament, not by the Muslim minority community.
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What Is Aligarh Muslim University Amendment Act, 1981?
During the tenure of Prime Minister Indira Gandhi, the minority status of AMU was reinstated by the Centre, after an amendment in the AMU Act of 1920. The 1981 amendment aimed to override the Azeez Basha verdict, revising the Act to define AMU as an “educational institution of their choice established by the Muslims of India".
2006 Allahabad High Court Verdict (Naresh Agarwal v. Union of India)
The 1981 AMU Amendment Act was challenged in 2005 before the Allahabad High Court after AMU reserved 50% of its Postgraduate Medical Course seats for Muslim candidates. The court ruled that AMU is not a minority institution under Article 30, and thus cannot reserve seats based on religious community. According to the court, the decision in the Azeez Basha case held ground even after the Aligarh Muslim University Amendment Act, 1981.
In 2006, the Centre, under the UPA rule, along with AMU challenged this decision in the Supreme Court, where Justices KG Balakrishnan and DK Jain put a stay on the university's reservation policy and referred its constitutionality to a larger bench. However, in 2016, the Union government, under the NDA rule, withdrew the appeal, leaving AMU to argue the case independently.
In 2019, a three-judge bench comprising Chief Justice Ranjan Gogoi referred the Azeez Basha decision for reconsideration by a seven-judge bench.
On October 12, 2023, CJI DY Chandrachud constituted a seven-judge bench to hear the matter.
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