Sat Nov 09 05:49:07 UTC 2024: ## Supreme Court Rules on Aligarh Muslim University’s Minority Status, Reversing Decades-Old Ruling

In a landmark decision, the Supreme Court of India has overturned a 55-year-old ruling regarding the minority status of Aligarh Muslim University (AMU). The seven-judge Constitution Bench, in a 4-3 split decision, ruled that AMU’s minority status is not nullified simply because it was established through a statute.

The Court’s decision stemmed from a long-standing dispute surrounding AMU’s reservation policy. The Allahabad High Court had previously ruled against AMU’s 50% reservation for Muslim candidates in postgraduate medical courses, citing its lack of minority status due to its establishment by an act of Parliament. This ruling was based on the 1967 Supreme Court case of S. Azeez Basha v. Union of India, which stated that institutions incorporated by statute cannot claim minority status.

However, the Constitution Bench overturned this precedent, asserting that an institution’s minority status is determined by who established it and who was the driving force behind its creation. The Court emphasized that “formalism must give way to reality” and that AMU’s establishment by a statute does not negate the fact that it was founded by a minority community.

The Court further clarified that the minority status of an institution is not dependent on whether it exclusively serves a minority community, nor on the composition of its administration. Minority institutions are free to emphasize secular education and can have non-minority members in their administration.

This decision has significant implications for the future of AMU and other minority institutions in India. The Court has referred the issue of AMU’s minority status to a regular bench for further examination, based on the new principles established in this ruling. This decision will likely influence the interpretation of Article 30 of the Constitution, which guarantees minorities the right to establish and administer educational institutions.

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