Supreme Court's Split Decision on AMU's Minority Status
CJI-Led Bench Rules in Favor, Three Judges Dissent
Key Points:
* A four-judge bench headed by Chief Justice of India (CJI) UU Lalit ruled in favor of retaining Aligarh Muslim University's (AMU) minority status. * Three judges dissented, arguing that the university had lost its minority character over time due to changes in its composition and governance. * The majority judgment held that AMU's historical background and the intent behind its establishment justified its minority status.In a landmark decision, the Supreme Court of India has ruled on the issue of Aligarh Muslim University's (AMU) minority status. A four-judge bench led by Chief Justice of India UU Lalit ruled in favor of retaining AMU's minority status, while three judges dissented.
The case stemmed from a petition filed by AMU challenging an Allahabad High Court judgment that had declared the university's minority status void. The Supreme Court's majority judgment, authored by Justice Dinesh Maheshwari, held that AMU's historical background and the intent behind its establishment justified its minority status.
The majority judgment noted that AMU was founded in 1920 with the specific purpose of providing educational opportunities for Muslims. It also considered the fact that the university had been consistently recognized as a minority institution by the government and other authorities.
The dissenting judgment, authored by Justice Sudhanshu Dhulia, argued that the university had lost its minority character over time due to changes in its composition and governance. Justice Dhulia noted that the university's student body and faculty were no longer predominantly Muslim and that the government had exercised significant control over its administration.
The Supreme Court's decision is a significant victory for AMU and other minority educational institutions in India. It reaffirms the right of minorities to establish and maintain educational institutions that reflect their cultural and religious heritage.