New Delhi, November 8, 2024 — The Supreme Court, in a split 4:3 verdict on Friday, overturned a significant 1967 ruling that had stripped Aligarh Muslim University (AMU) of its minority status. However, a separate three-judge bench is yet to decide if AMU can regain this status.
The landmark ruling was led by Chief Justice D.Y. Chandrachud, who issued the majority opinion on his final working day. The bench stated that prior assumptions about institutions created by statutes not being eligible for minority status need re-evaluation, especially in AMU’s case. This decision puts the ultimate fate of AMU’s status on hold, pending further review by the new bench.
Chief Justice Chandrachud, along with Justices Sanjiv Khanna, J.B. Pardiwala, and Manoj Misra, formed the majority. Meanwhile, Justices Surya Kant, Dipankar Datta, and S.C. Sharma dissented. The majority opinion stressed examining the origins of AMU to determine if its establishment by a minority community warranted special status under Article 30 of the Constitution.
Key Points in the Majority Opinion
The majority verdict, read by CJI Chandrachud, argued that AMU’s inception and purpose should determine its minority status, not merely the fact that it was legally established through an imperial charter in 1920. According to the court, being founded under British rule does not negate AMU’s potential as a minority institution.
Additionally, the majority opinion stated that minority institutions need not be exclusively managed by members of the founding community. Institutions focusing on secular education could still retain minority character as long as the administration aligns with their identity. The court also upheld the government’s right to regulate minority institutions, provided such regulation does not infringe upon their core character.
Dissenting Views
Justice Dipankar Datta, in his dissent, argued AMU should not qualify as a minority institution, while Justice S.C. Sharma emphasized that control by a minority community is essential for any institution claiming such status. The dissenting judges further highlighted that secular education and minority control are compatible but distinct aspects of such institutions.
Background of the AMU Minority Status Case
AMU, established in 1875 as Muhammadan Anglo-Oriental College and incorporated in 1920 as a university, initially enjoyed minority status under Article 30, which protects the rights of religious and linguistic minorities to manage educational institutions.
However, in 1951, an amendment to the AMU Act removed mandatory religious instruction for Muslim students. A 1981 amendment aimed to restore AMU’s minority character, but, according to the majority opinion, this attempt was insufficient. In 1967, a five-judge bench ruled that AMU, as a central university, could not claim minority status, sparking a decades-long debate.
During February hearings, Solicitor General Tushar Mehta argued that AMU’s substantial reliance on central government funds — with over ₹5,000 crore allocated between 2019 and 2023 — undermined its claim to minority status.
In 2006, the Allahabad High Court dismissed the 1981 amendment, ruling AMU was not a minority institution. This decision was appealed by the then Congress-led UPA government, sending the case to the Supreme Court for further review.
Next Steps: Awaiting the Three-Judge Bench Decision
A final decision on AMU’s minority status now rests with the yet-to-be-constituted three-judge bench, which will evaluate whether the university can indeed claim minority rights. If AMU is deemed a minority institution, it could open the door for up to 50% reservation for Muslim students, thereby enhancing its role in supporting educational opportunities for the Muslim community.
