Fri Nov 08 21:28:03 UTC 2024: ## Supreme Court Reverses 1967 Ruling, Opens Door for Aligarh Muslim University’s Minority Status

In a landmark decision, the Supreme Court of India on Friday reversed its 1967 ruling on the minority status of Aligarh Muslim University (AMU), paving the way for the institution to potentially reclaim its minority status.

The 7-judge constitutional bench delivered a split verdict, with 4 judges voting in favor of revisiting the 1967 ruling and 3 dissenting. The matter has now been referred to a 3-judge bench for further examination.

The 1967 ruling, known as the Aziz Basha case, had declared that AMU could not claim minority status because it was established under a law, implying that other communities had equal access to the institution. This verdict led to widespread protests from the Muslim community and eventually, a 1981 amendment that granted AMU minority status.

However, the Supreme Court’s latest decision has overturned the 1967 verdict, declaring that an institution cannot lose its minority status simply due to being established under a law. The court asserted that the key determinant for minority status is the “brain” behind the institution’s establishment. If it is proven that a minority community was the driving force behind the university’s founding, AMU can claim minority status under Article 30 of the Indian Constitution.

The Supreme Court has set specific criteria to determine whether an institution qualifies for minority status. Although AMU appears to meet these criteria, the final decision will be made by the 3-judge bench in a separate hearing.

This decision could have a significant impact on other universities seeking minority status, establishing a new precedent for determining such claims. The 3-judge bench will now have to evaluate whether AMU fulfills the newly established criteria, particularly considering the role of minority administration in the university’s governance. The outcome will determine whether AMU retains its minority status and its implications for other similar institutions.

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