AMU Minority Status Hearing: AMU to remain minority institution, Supreme Court overrules 1967 judgment
Ayushi Bisht | November 8, 2024 | 12:09 PM IST | 1 min read
AMU Minority Status: The Supreme Court in a 4:3 majority ruling has overturned the 1967 Azeez Basha verdict on AMU's minority status under Article 30.
NEW DELHI: In the case relating to the minority status of Aligarh Muslim University (AMU), a Supreme Court bench overruled the 1967 judgment in S Azeez Basha vs Union Of India which held that an institution incorporated by a statute cannot claim to be a minority institution. This decision came from a seven-judge bench of the Supreme Court which delivered its verdict by a 4:3 majority.
The 1967 judgment in S Azeez Basha had been the cornerstone of the legal interpretation regarding the status of institutions like Aligarh Muslim University (AMU), which were established by statutes, but also had claims to minority status due to their historical association with a particular community — in AMU's case, the Muslim community.
According to the 1967 ruling, the court had concluded that statutory institutions, like AMU, could not be classified as minority institutions under Indian law, which created a legal precedent barring such claims.
AMU Minority Status: Four separate judgements
The Seven-judge constitution bench of the Supreme Court on Friday delivered four separate judgements in the Aligarh Muslim University minority status case. Chief Justice D Y Chandrachud, who headed the bench, said there were four separate opinions, including three dissenting verdicts. The CJI said he has written the majority verdict for himself and Justices Sanjiv Khanna, JB Pardiwala, Manoj Misra.
"One thing which is worrying us is that the 1981 amendment does not restore the position as it stood prior to 1951. In other words, the 1981 amendment does a half-hearted job," Justice Chandrachud had said while proceeding to close the arguments.
“I can understand if the 1981 amendment had said... okay, we are going back to the original 1920 statute, confer complete minority character on this (institution),” the CJI had said.
Justice Chandrachud said Justices Surya Kant, Dipankar Datta and Satish Chandra Sharma have penned their separate dissenting verdicts.
Follow us for the latest education news on colleges and universities, admission, courses, exams, research, education policies, study abroad and more..
To get in touch, write to us at news@careers360.com.
Next Story
]Featured News
]- UGC allows state colleges to seek deemed-university status, become off-campus centres of other institutions
- Student Protests: Odisha’s ‘model code of conduct’ for colleges, universities drawing flak from all quarters
- Another IIT, 5 DU colleges to launch ITEP courses in 2026 even as seats go vacant in top institutes
- Tamil Nadu Election 2026: Jobs, quality education,scholarships on the minds of voters, young and old
- Facing protest, Lady Hardinge blames Rs 30 lakh mess dues for bad food, says AC hostel proposal with govt
- Education ministry plans Rs 14 crore grants for Prime Minister Research Chairs, Rs 4-6.5 crore fellowships
- AMU detains most of BA LLB batch for low attendance; no records or time given, allege students
- NIT Kurukshetra students demand elected council, quick re-exams, counselling for teachers
- IIM Fees vs Placements: Soaring cost, stagnant salaries, students in debt
- Delhi University plans study-abroad programme for UG students, scholarships for some