Aligarh Muslim University (AMU) may be declared a minority institute, a seven-judge Supreme Court bench order read by Chief Justice of India DY Chandrachud on his last day on the job said. While the bench gave a 4 to 3 verdict in favor of claiming the institute’s status as minority, it invalidated the 1967 SC Judgment in S Azeez Basha v. Union of India which had said that an institution established by a statute cannot claim minority status. organisation. Whether AMU is a minority institution will now be decided by a panel of three judges based on the top court’s opinion shared on Friday, November 8, 2024.

CJI Chandrachud’s verdict today paved the way AMU to claim minority status, which was not possible earlier as per the 1967 SC verdict. Under the 4:3 ruling, a three-judge panel will now examine critical questions such as who founded the university, who was the “brains” behind its founding, and who raised funds to create the institution. If this investigation points to a minority community, the AMU may request minority status under Article 30.

Aligarh Muslim University is significant for its community, which is referred to as ‘Ye Mera Chaman (This is My Garden)’ in AMU Tarana (anthem), reflecting the pride students take in the ‘garden of learning’. The legal journey regarding AMU’s minority status spanned decades and was marked by landmark decisions. Let’s take a look:

Path to the 7th Judge Bench of the SC

A seven-judge bench was constituted as a result of the reference order passed in 2019 by the three-judge bench led by the then Chief Justice Ranjan Gogoi. This direction came while the court was hearing an appeal against a 2006 order of the Allahabad High Court.

In Azeez Basha v. Union of India in 1967, the SC held that AMU was a central university created by an Act of Parliament (1920 Act) and hence was not a protected minority institution under Article 30 of the Constitution. The court noted that AMU had its origins in MAO College, but the transition to university status was enacted by the 1920 Act of Parliament and not by the Muslim minority community.

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What is the Aligarh Muslim University Amendment Act, 1981?

During Prime Minister Indira Gandhi’s tenure, the AMU’s minority status was reinstated by the Centre, following an amendment to the AMU Act, 1920. The 1981 amendment sought to override the Azeez Basha decision and revised the Act to define AMU as “one”. Educational institution of their choice established by the Muslims of India”.

2006 Allahabad High Court Judgment (Naresh Agarwal v. Union of India)

The AMU Amendment Act, 1981 was challenged before the Allahabad High Court in 2005 after AMU reserved 50% of the Postgraduate Medical Course seats for Muslim candidates. The court held that AMU was not a minority institution under Article 30 and hence could not allocate seats on the basis of religious community. According to the court, the decision in the Azeez Basha case remained valid even after the Aligarh Muslim University Amendment Act, 1981.

In 2006, the Center under UPA rule along with AMU challenged this decision in the Supreme Court; wherein Justices KG Balakrishnan and DK Jain stayed the university’s reservation policy and referred its constitutionality to a larger bench. However, in 2016, the Union government withdrew the objection under the NDA rule, allowing the AMU to argue the case independently.

In 2019, a three-judge bench comprising Chief Justice Ranjan Gogoi referred the Azeez Basha verdict to a seven-judge bench for reconsideration.

On October 12, 2023, CJI DY Chandrachud constituted a seven-judge bench to hear the matter.