Supreme Court’s Historic Verdict on AMU’s Minority Status

Supreme Court’s Historic Verdict on AMU’s Minority Status

Sub :Polity

Sec : Constitution

Why in News

The Supreme Court of India recently overturned its 1967 decision regarding Aligarh Muslim University’s (AMU) minority status. This verdict, passed by a 4:3 majority from a seven-judge bench led by Chief Justice, reinstated AMU’s classification as a minority institution.

Minority Status and Legal Recognition:

The court clarified that an institution founded by a minority community does not lose its minority status after obtaining statutory recognition.

Chief Justice emphasized that an educational institution’s minority status is retained if it was originally established by a minority community to protect and preserve its cultural heritage.

The ruling overturns the 1967 S. Azeez Basha v. Union of India case, where the Supreme Court held that AMU could not claim minority status as it was established by legislative action as a central university.

Article 30(1) of the Indian Constitution grants religious and linguistic minorities the right to establish and administer educational institutions. The new verdict clarifies that this right remains intact even after formal recognition by the state.

The court’s ruling thus safeguards the autonomy of these institutions under Article 30.

According to the judgment, any legislative or executive action that discriminates against minority communities in establishing or managing their institutions violates Article 30(1).

Dual Interpretation of Article 30:

Chief Justice provided a dual interpretation of Article 30, describing it as both a shield against discrimination and a means of granting minorities enhanced autonomy in managing their institutions.

This dual interpretation reinforces the constitutional protection afforded to minorities, granting them greater freedom to operate educational institutions that reflect their cultural values.

What does the Constitution say about minorities?

Article 29, which deals with the “Protection of interests of minorities”, says that “any section of the citizens residing in the territory of India or any part thereof having a distinct language, script or culture of its own shall have the right to conserve the same”, and that “no citizen shall be denied admission into any educational institution maintained by the State or receiving aid out of State funds on grounds only of religion, race, caste, language or any of them”.

Article 30: Article 30 of the Indian Constitution states the right of minorities to establish and administer educational institutions.

It says: “All minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice.”

Article 30(1A) deals with the fixation of the amount for acquisition of property of any educational institution established by minority groups.

Article 30(2) states that the government should not discriminate against any educational institution on the ground that it is under the management of a minority, whether based on religion or language, while giving aid.