In a historic ruling, the Supreme Court of India has paved the way for Aligarh Muslim University (AMU) to reclaim its minority status, overturning its 1967 decision that denied the institution such recognition. In a 4-3 split verdict, the seven-judge bench ordered a reassessment of AMU’s minority character, establishing new criteria to guide the determination.
- 1967 Judgment Overruled: The court overturned its earlier ruling in S. Azeez Basha v. Union of India, which held that AMU was not a minority institution due to its establishment through a central legislative act, thus denying it protections under Article 30 of the Indian Constitution.
- “Holistic and Realistic” Test: The court introduced a new framework for determining minority status, encouraging a “holistic and realistic” approach. This test examines the institution’s origins, purposes, and connection to a minority community, rather than focusing solely on its legislative history.
- Further Review by Smaller Bench: Although the ruling favors AMU’s claim to minority status, the court has assigned the final determination to a smaller, three-judge bench. This panel will apply the new principles from the ruling to AMU’s case to decide definitively.
- Criteria for Minority Status: The Supreme Court clarified that an institution does not need to be exclusively administered by members of a minority community to qualify as a minority institution. Instead, the institution should primarily serve the interests of that community.
- Impact on AMU: This decision could restore AMU’s minority character, allowing the university greater administrative autonomy to manage its affairs in line with its community’s needs—a long-standing issue for AMU since the 1967 ruling.
This Supreme Court decision marks a critical milestone in the debate on minority educational rights in India, reinforcing constitutional protections for institutions with deep-rooted connections to specific communities. The judgment aims to ensure fair criteria in evaluating minority status and is expected to have a lasting impact on the administration of educational institutions with historical community ties across the country.