Aligarh Muslim University’s minority status not affected by founding date or non-minority administration: Supreme Court

Background

The Supreme Court of India has ruled that the Aligarh Muslim University (AMU) will continue to enjoy minority status, irrespective of its founding date or the religious affiliation of its administrators. The verdict was delivered by a bench comprising Justices D.Y. Chandrachud, Surya Kant, and Vikram Nath in response to a batch of petitions challenging the constitutional validity of the Aligarh Muslim University (Amendment) Act, 2017.

The petitioners argued that AMU, founded in 1920, could not claim minority status under Article 30(1) of the Constitution because it was established before the enactment of the Constitution in 1950. They also contended that the university's minority character was diluted after the government amended the AMU Act in 2017, allowing non-Muslims to become members of its governing body.

Court's reasoning

The Supreme Court rejected both of these arguments. The court held that the concept of minority status under Article 30(1) is not limited to institutions established before the commencement of the Constitution. It noted that the Constituent Assembly had specifically included the words "or has been" in Article 30(1) to ensure that institutions established after the Constitution's enactment could also claim minority status if they met the other requirements.

The court further held that the 2017 amendment to the AMU Act did not alter the university's minority character. The court noted that the amendment merely made it possible for non-Muslims to become members of the university's governing body, but it did not change the university's essential character as a minority institution.

Implications

The Supreme Court's verdict is a significant victory for AMU and other minority institutions in India. It affirms the right of these institutions to establish and administer their own educational institutions in accordance with their religious beliefs.

The verdict is also a reminder of the importance of protecting the rights of minorities in India. The Constitution of India guarantees certain fundamental rights to all citizens, irrespective of their religion, race, caste, or gender. These rights include the right to establish and administer educational institutions, the right to practice one's religion, and the right to equality before the law.

Conclusion

The Supreme Court's verdict in the AMU case is a landmark decision that upholds the rights of minorities in India. It is a reminder that the Constitution of India is a living document that must be interpreted in a way that protects the rights of all citizens, regardless of their religious affiliation.