Fri Nov 08 07:53:28 UTC 2024: ## Supreme Court Partially Restores Aligarh Muslim University’s Minority Status
**New Delhi:** In a landmark ruling, the Supreme Court of India has partially restored the minority status of the Aligarh Muslim University (AMU), overturning a 1967 judgement that stripped it of this designation. However, the final decision on whether AMU will be granted minority status again will be left to a regular, yet to be constituted, three-judge bench.
The seven-judge Constitution bench, led by outgoing Chief Justice DY Chandrachud, ruled 4:3 in favor of AMU’s claim to minority status. The majority judgement, authored by Chief Justice Chandrachud, asserted that while the university was incorporated by imperial legislation, this does not negate its establishment by members of a minority community.
The court emphasized that a minority institution need not be solely dedicated to the benefit of a minority community nor have administration solely composed of members of that community. The key test, the majority ruled, is whether the administrative structure aligns with the claimed minority character of the institution.
The dissenting judges, Justices Surya Kant, Dipankar Datta, and SC Sharma, held differing views. Justice Datta maintained that AMU is not a minority institution, while Justice Sharma argued that minority communities should control institutions serving their peoples but must also offer secular education to their students.
The case stems from a 1967 Supreme Court ruling that declared AMU, being a central university, could not also be a minority institution. This ruling was challenged by AMU and the Congress-led UPA government, leading to the current proceedings.
The government’s position had shifted over time, initially seeking to uphold the 1967 verdict but later withdrawing its appeal. The government also raised concerns about AMU’s reliance on government funds, arguing it had surrendered its minority character.
This complex and highly anticipated judgement marks a significant step towards addressing the long-standing debate about the status of AMU. The final decision on granting minority status remains pending, but the Supreme Court’s ruling acknowledges the importance of recognizing the historical and social context of the university.
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