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Aligarh Muslim University's minority status to be decided by...: Indian Supreme Court

Aligarh Muslim University's minority status to be decided by...: Indian Supreme Court

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On the issue of entitling minority status for the Aligarh Muslim University (AMU), the Indian Supreme Court (SC) ruled on Friday (Nov 8) that the status would not cease merely because Parliament enacted a law.

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The Supreme Court said that whether the university was a minority institution was nowleft to be decided by a regular bench based on this view of the majority.

Earlier, the news agency ANI said in a post on X the SC bench ruled that AMU wasentitled to minority status under Article 30 of the Constitution. This ruling was announced by a SC bench by a majority of 4:3. The bench was led by Chief Justice of India (CJI) DY Chandrachud.

However, ANI deleted this post.

'AMU's minority status must be decided on...'

The Supreme Court's majority verdict said that the issue of AMU's minority statusmust be decided based on tests laid down by the apex court.

The majority verdict laid down criteria for deciding AMU's status (as a minority institution).

The apex court also said on Friday that case papers must be placed before the CJIfor setting up a fresh bench to decide the validity of the 2006 Allahabad High Court verdict.

What would have happened if minority status was entitled?

On February 1, the Supreme Court reserved its verdict on the issue saying that the 1981 amendment to the AMU Act of 1920, onlydid a "half-hearted job" and did not restore to the institution the position it had before 1951.

The act accorded a minority status to the university.

A recent report by Livemint said that while the AMU Act spoke aboutincorporating a teaching and residential Muslim university in Aligarh, the 1951 amendment does away with compulsory religious instructions for Muslim students at the university.

The report said that without a minority status, the university would have had toimplement reservation policies for both teachers and students in a similar manner as other public universities in Indiado.

But if AMU was entitled to minority status, the university couldprovide up to 50 per cent reservation for Muslim students.

(With inputs from agencies)