Aligarh Muslim University Entitled to Minority Status: Supreme Court's 4:3 Verdict

New Delhi: In a landmark judgement, the Supreme Court on Friday, November 8, ruled that Aligarh Muslim University (AMU) is entitled to a minority status under Article 30 of the Constitution which empowers the religious and linguistic minorities to establish and administer educational institutions.

In a 4:3 majority ruling, a seven-judge Constitution bench headed by Chief Justice DY Chandrachud pronounced the verdict. The bench also comprised Justices Sanjiv Khanna, Surya Kant, JB Pardiwala, Dipankar Datta, Manoj Misra and Satish Chandra Sharma.

However, the apex court delivered four separate judgements in the Aligarh Muslim University minority status case. CJI  DY Chandrachud 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. Justice Chandrachud said Justices Surya Kant, Dipankar Datta and Satish Chandra Sharma penned their separate dissenting verdicts.

With the ruling, the Supreme Court overruled its 1967 order in S Azeez Basha versus Union of India case, in which it had held that since Aligarh Muslim University was a Central university, it cannot be considered a minority institution. However, the fabled institution got back its minority status when Parliament passed the AMU (Amendment) Act in 1981.

The court ruled that the issue of AMU minority status will be decided by a regular bench. The apex court by a 4:3 majority said the judicial records of the case should be placed before the CJI for setting up a fresh bench to decide the validity of a 2006 Allahabad High Court verdict.

In January 2006, the high court had struck down the provision of the 1981 law by which AMU was accorded minority status.

(With agency inputs)