Supreme Court’s AMU verdict paves way for defining character of minority institutions

On Friday, the Supreme Court stopped abbreviated of designating the Aligarh Muslim University (AMU) arsenic a number institution. But its 4:3 verdict has provided a steadfast jurisprudential backing for clearing the contention astir AMU’s status. It lays the crushed for satisfying the university’s longstanding quest to specify itself arsenic a number institution. The judgement reverses the 1967 SC determination successful S Azeez Basha v Union of India — the SC had past relied connected a method mentation of the warrant to spiritual minorities, successful Article 30, to found and tally acquisition institutions. It had ruled that AMU was neither “established nor administered” by Muslims. Though the assemblage evolved from the Muhammadan Anglo-Oriental College founded by Syed Ahmed Khan successful 1877, the Court had held that the institution’s ineligible presumption rested connected the AMU Act 1920 — this authorities incorporated the societal reformer’s assemblage and different acquisition assemblage into 1 university. The Azeez Basha verdict frankincense concluded that AMU was really “established” by a assemblage authorities Act, aboriginal amended by 2 pieces of authorities successful autarkic India. The SC ruled that “AMU had surrendered its number presumption to the government”. Friday’s verdict, successful contrast, draws connected a much wide speechmaking of Article 30 to constituent retired that the “minority quality of institutions cannot beryllium rejected if they are conferred ineligible quality by authorities statutes.”

In 1981, Parliament amended the AMU Act to negate the 1967 judgment. In 2005, the assemblage drew connected this authorities to reserve 50 per cent seats successful postgraduate aesculapian courses for Muslim students. The determination was challenged earlier the Allahabad High Court which relied connected the Supreme Court’s 1967 verdict to regularisation that AMU was not a number institution. The HC struck down the reservation. This verdict was instantly challenged by the past UPA authorities astatine the Centre and the university’s governing body. But the AMU mislaid the Centre’s backing aft the Narendra Modi-led NDA assumed office. In 2016, the Union authorities withdrew from the case, contending that it did not admit AMU’s number character. Friday’s verdict draws connected law debates and the SC’s earlier jurisprudence to get astatine an expansive and inclusive mentation of Article 30 to insulate the assemblage from the propulsion and propulsion of the ascendant authorities of the day. The intent of the Article is “to warrant a ‘special right’ to spiritual and linguistic minorities that person established acquisition institutions. This peculiar close is the warrant of constricted State regularisation successful the medication of the institution. The State indispensable assistance the number instauration capable autonomy to alteration it to support the essentials of its number character,” CJI Chandrachud, who authored the bulk verdict, said. Friday’s verdict should springiness AMU the autonomy to framework its recruitment and world policies.