The Supreme Court has directed a fresh examination into the minority status of Aligarh Muslim University (AMU), with a new three-judge bench set to review the case. This development follows a significant decision today by a seven-judge bench that overturned a long-standing ruling from 1967, with a majority of 4-3. The court has now opened the door for a renewed evaluation of AMU's foundation and the role of the minority community in its establishment.
Background: The 1967 Aziz Basha Ruling
In the landmark 1967 case of Aziz Basha vs. Central Government, the Supreme Court ruled that an institution established under central legislation could not claim minority status. It declared AMU as a central university, emphasizing that it was neither established nor operated by a minority community, as it had been created by a central act of Parliament. Under that decision, AMU was thus deemed ineligible for minority status as its establishment was legally sanctioned through a central law rather than initiated by a minority community.
Reconsideration of Minority Status
In a significant shift, the Supreme Court on November 8 ruled that an institution’s minority status should not necessarily be invalidated solely because it was founded under central law. Chief Justice D.Y. Chandrachud directed to form a new three-judge bench to undertake this new review. The CJI emphasized that a deeper investigation is warranted into AMU’s origins.
The new bench will now look into who originally conceptualized and initiated the establishment of AMU. If it can be demonstrated that AMU was established by the minority community, it could potentially claim minority status under Article 30 of the Indian Constitution, which grants minorities the right to establish and administer educational institutions.
Debate over AMU's minority status reignited in 2005
The debate over AMU's minority status reignited in 2005 when the university sought to classify itself as a minority institution, reserving 50% of seats in its postgraduate medical courses for Muslim students. This decision was met with opposition, leading Hindu students to challenge it in the Allahabad High Court.
The High Court ruled against AMU's minority status, prompting the university to appeal to the Supreme Court. In 2019, the Supreme Court escalated the matter by referring it to a constitutional bench of seven judges.
The four of the 7 judges including Chief Justice Chandrachud, Justice Sanjeev Khanna, Justice J.B. Pardiwala, and Justice Manoj Mishra, held that AMU’s inclusion under central law does not automatically negate its potential minority roots. The justices noted that a careful examination of AMU's founding history is required to determine its origins and whether a minority community was indeed instrumental in its establishment.
Students welcome SC's decision
The Supreme Court’s recent directive has elicited a wide range of responses, particularly from AMU students and alumni. Expressing satisfaction, one AMU student remarked, “This is a minority institution, and we welcome this decision. A look at its history and architecture clearly reflects its roots as a minority institution. We are confident that this can be demonstrated as we delve into its origins.” Another student described the decision as a historic milestone, saying, “Every brick of this university testifies that it is a minority institution.”
Shia Personal Law Board also applaud decision
Outside the university, voices from the All India Shia Personal Law Board have also applauded the decision. Yasoob Abbas, spokesperson and general secretary of the board, expressed optimism about the upcoming review, noting, “This is an important step. Minority status brings unique strength by ensuring autonomy from external interference. I am confident the three-judge bench will uphold AMU’s minority status.”
AMU’s Vice Chancellor, Naima Khatoon, echoed a similar sentiment, expressing the university’s respect for the Supreme Court's decision. “We will consult with our experts and decide on the best course of action going forward,” she said, emphasizing the importance of a thoughtful response to this latest judicial development.
Moving Forward: What Lies Ahead for AMU
As the three-judge bench embarks on its examination of AMU’s origins, this landmark case may redefine minority status parameters for educational institutions in India. At the heart of the matter is whether AMU’s foundation was inherently linked to a minority community. Should the bench confirm this connection, AMU may once again be able to exercise rights and privileges granted to minority institutions under Article 30.
This case, given its impact on educational rights and minority protections in India, will continue to be watched closely. The new bench’s decision could have broad implications, potentially influencing how minority status is interpreted for other central institutions across the country.
(PRAKASH KUMAR PANDEY)
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