Regulation by statute does not rob a varsity of minority status, observes SC

Regulation by statute does not rob a varsity of minority status, observes SC

Subject :Science and Tech

Section : Health  

Context

• A seven­ judge Bench headed by Chief Justice of India D.Y. Chandrachud observed that an educational institution does not lose its minority status merely on the ground that its administration is regulated by a statute.

More about News

• The legal dispute over Aligarh Muslim University’s (AMU) minority character, dating back 57 years, stems from the interpretation of Article 30(1) of the Constitution, which empowers religious and linguistic minorities to establish and administer educational institutions. This dispute has seen multiple court interventions, shaping the trajectory of AMU’s status as a minority institution.

Historical Background:

• AMU’s origins trace back to the Muhammadan Anglo-Oriental (MOA) College, established in 1875 by Sir Syed Ahmad Khan. It aimed to address educational backwardness among Muslims, evolving into a university in 1920 under the AMU Act. The Act acknowledged its role as a “teaching and residential Muslim University.”

Genesis of Dispute:

• The legal challenge emerged in 1967, questioning amendments to the AMU Act made in 1951 and 1965. Changes altered the University’s structure, provoking a Supreme Court ruling that, in 1967, declared AMU was not established or administered by the Muslim minority. The court emphasized that while Muslims may have initiated the university, its recognition by the Indian government necessitated a central Act.

Persistent Dispute:

• Post the 1967 ruling, nationwide protests ensued, prompting a 1981 amendment affirming AMU’s minority status. This led to Section 2(l) explicitly stating it was “an educational institution of their choice established by the Muslims of India.” However, legal challenges persisted, with the Allahabad High Court overturning a reservation policy in 2005, citing the 1967 verdict. The Union government, along with other petitioners, contested this decision in the Supreme Court in 2006.

The Importance of Minority Institutions:

• Preserving Diversity: Minority institutions play a pivotal role in preserving cultural and religious diversity by providing a platform for communities to impart education aligned with their ethos.
• Inclusive Education: These institutions contribute to inclusive education, offering students from minority communities an environment that respects and values their cultural identity.
• Empowerment: Recognizing minority institutions empowers communities to actively participate in the educational landscape, fostering a sense of ownership and agency.
• Constitutional Intent: While Article 30(1) emphasizes minority rights, the AMU case raises questions about the balance between autonomy and state recognition, as the 1967 verdict highlighted the central Act’s role.
• Policy Implications: The legal tussle has implications for reservation policies and the autonomy of minority institutions, with potential ramifications on inclusive education.
• Educational Autonomy: The dispute has implications for the autonomy of educational institutions and the extent to which the government can regulate their character.
• Minority Rights: It raises broader questions about minority rights and the interpretation of these rights in the context of educational institutions.