The Supreme Court on Friday (November 8, 2024) gave its verdict regarding the minority status of Aligarh Muslim University (AMU) and overturned the court decision in the Aziz Basha vs. Union of India case. In this decision in the year 1967, it was said that because AMU is a central university, it cannot be considered a minority institution. The Supreme Court has overruled this decision today and a regular bench of three judges will decide on the minority status of the institute.
In the year 1981, during the then Indira Gandhi government, the university was given minority status by amending the AMU Act. Now a bench of three judges will review it. Indira Gandhi government had made this amendment through an Act in Parliament.
Indira Gandhi government passed the Aligarh Muslim University Amendment Act, 1981 in the Parliament. The amendment defined the university as 'an institution of choice established by the Muslims of India', with its origin being the Muhammadan Anglo Oriental College, Aligarh. Later it was incorporated as Aligarh Muslim University.
In the year 2005, the university made a reservation policy for Muslim students, which was challenged in the Allahabad High Court and the court in its decision canceled the amendment of 1981. Many review petitions were filed against this decision and the then UPA government and AMU also opposed the decision of the High Court. In 2016, the Centre's petition was withdrawn during the Bharatiya Janata Party led government. After this, in 2019, this case was transferred to a bench of seven judges.
AMU was established under the AMU Act of 1920. This Act was brought to give the status of university to Muhammadan Anglo-Oriental College. Section 13 of the Act appointed the Governor General as Lord Rector. According to Section 23, an All-Muslim Court was constituted as the governing body of the institution and AMU continued to work on this principle for the next three decades.
After independence, when the new Constitution was adopted in the year 1951, the Aligarh Muslim University (Amendment) Act, 1951 was amended. Compulsory religious education was removed by amending Section 8 of the 1920 Act. This change was in accordance with Articles 28 and 29 of the new Constitution. Apart from this, by amending Section 13, the Lord Rector was made the Visitor.
In 1965, AMU's minority status suffered a setback and the AMU Act 1965 removed sub-sections 2 and 3 of Section 23 of the 1920 Act, which constituted an All-Muslim Court as the governing body. After the sub-sections were removed, the powers of the body were reduced.
Besides, the powers of the Executive Council were increased by amending Articles 28, 29, 34 and 38. Apart from this, Section 9 was also removed and it became unnecessary for Muslim students to receive religious instruction. These amendments were challenged in the Supreme Court in the year 1967 in the Aziz Basha case.
The petitioners argued in the court that the university was established by Muslims and they have the right to manage it under Article 30. He said that the amendments of 1951 and 1965 take away these rights. The Supreme Court disagreed with the arguments of the petitioner and said that the university was created under the Central Act and it is not a minority institution.
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