Is right to establish minority institution contingent on State recognition: SC to govt

Subject: Polity

Section: Constitution

Context:

Chief Justice of India D.Y. Chandrachud, heading a sevenjudge Bench, asked whether a minority community’s right to establish an educational institution or university be dependent on State recognition.

Minority Educational Institution(MEI):

The minority educational institution is one that has been set up by either a linguistic or the religious minority group.

More About News:

Minority institutions have the fundamental right under Article 30 of the Constitution to establish and administer their educational institutions according to their choice. However, they cannot ignore the regulations recommended by the state.
Article 29 and 30 of Indian Constitution contain provisions securing rights of minorities and minority-run institutions.
The Art 30 cannot be viewed in the isolation and also needs to be read with Art 26(a) which states that religious denominations can establish institutions for the religious and also the charitable purposes as determined by SC in TMA Pai Foundation Case.
Under the Art 30(1) (a), MEI enjoy the right to education as a Fundamental Right. But, in case the property is taken over by the state, due compensation to be provided to establish institutions elsewhere.

Judicial Recognition Of Aligarh Muslim University

A five judge Bench, in S. Azeez Basha versus Union of India case in 1967, had held that AMU was a Central university and cannot be considered a minority institution.
The university, established in 1875, had got its minority status back when the Parliament enacted the AMU (Amendment) Act in 1981.
In January 2006, the Allahabad High Court, however, struck down the provision of the 1981 law, by which the university was accorded the minority status.
The issue was referred to a seven judge Bench in 2019.