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The Constitution bench was hearing a case arising from a 2006 judgment of the Allahabad High Court which held that Aligarh Muslim University (AMU) is not a minority institution.
'Supreme' decision on minority front of AMU.
– Photo : Samvad
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The Supreme Court will pronounce its verdict on the minority status of Aligarh Muslim University (AMU) on Friday. The apex court is considering the legal question whether AMU has minority status under Article 30 of the Constitution. Article 30 gives religious and linguistic minorities the right to establish and administer educational institutions.
The case reached the Supreme Court from the High Court
The Constitution bench was hearing a case arising from a 2006 judgment of the Allahabad High Court which held that Aligarh Muslim University (AMU) is not a minority institution. In the year 2019, a three-judge bench of the Supreme Court had sent the matter to a constitution bench of seven judges. A seven-judge Constitution bench comprising Chief Justice DY Chandrachud, Justice Sanjiv Khanna, Justice Surya Kant, Justice JB Pardiwala, Justice Dipankar Dutta, Justice Manoj Mishra and Justice Satish Chandra Sharma had reserved the verdict on February 1 after hearing the arguments of all the parties. .
On February 1, grappling with the thorny issue of AMU's minority status, the Supreme Court had said the 1981 amendment to the AMU Act, which effectively granted it minority status, was only a 'half-hearted act' . This did not restore the institute to its pre-1951 status. While the AMU Act, 1920 calls for establishing a teaching and residential Muslim university at Aligarh, the 1951 amendment abolishes compulsory religious education for Muslim students in the university.
This is how AMU was established
Sir Syed Ahmed established the Mohammedan Anglo-Oriental (MAO) College on January 8, 1877, after establishing Madrasatul Uloom in 1875 to provide modern education to Muslims after the War of Independence in 1857. After the death of Sir Syed, his supporters paid Rs 30 lakh in 1920, fulfilling the demand of the British Government. After this, the status of Aligarh Muslim University was given under the Parliamentary Act of 1920.
AMU has been fighting the battle of minority status for 59 years.
The minority status of AMU was abolished in 1965. In 1967, the university filed a petition in the Supreme Court, which was rejected by the court. Since then the university has been fighting to get minority status. As soon as the decision comes on Friday, the 59 year old dispute will also come to an end.
