Aligarh Muslim University: An Important Decision for a Minority Institution

Supreme Court of India Upholds Aligarh Muslim University’s Minority Status in Landmark Ruling

In a historic verdict, the Supreme Court of India has declared Aligarh Muslim University (AMU) as a minority institution. The decision, reached by a 4:3 majority, overturned the earlier judgment in the Aziz Basha case of 1967. A bench of three judges led by Justice D.Y. Chandrachud extensively deliberated on the matter. The judiciary delved deep into the interpretation of constitutional provisions, particularly Article 30.

The Chief Justice clarified that the rights under Article 30 are not absolute. He stressed that while any religious community has the right to establish educational institutions, it does not automatically guarantee complete administrative control. In the 1967 Aziz Basha case, the Supreme Court had ruled that AMU was not a minority institution because it was established by the British government. This verdict overturned the old approach.

Four judges – Chief Justice D.Y. Chandrachud, Justice Sanjiv Khanna, Justice J.B. Pardiwala, and Justice Manoj Mishra – supported the minority status. However, three judges – Justice Surya Kant, Justice Dipankar Datta, and Justice Satish Chandra Sharma – dissented. The Court clarified that Article 30 guarantees non-discriminatory treatment of minorities. Simultaneously, it also permits the regulation of educational institutions under Article 19(6).

In 2019, the central government had opposed granting minority status to AMU. Conversely, the previous UPA government had advocated for granting minority status to Jamia Millia Islamia University.