The government contended that the institute could not claim minority status because it is a national university with central funding. Opponents said that despite the central funding, Article 30 safeguards its minority identity.
Whether the Aligarh Muslim University (AMU) in Uttar Pradesh has minority status under Article 30 of the Constitution—which gives religious and linguistic minorities the ability to create and run educational institutions—will be decided by the Supreme Court on Friday.
Following eight days of hearings, a seven-judge constitution bench led by Chief Justice DY Chandrachud will give the ruling after deferring its decision until February 1. The Supreme Court was considering a case that stemmed from the Allahabad High Court's 2006 ruling that the university was not a minority institution.
The court also examined the legality of a Supreme Court decision from 1967 that denied the university's minority status and the 1981 AMU Act revision that did so. The 1981 modification, according to the bench, did a "half-hearted job" of returning the university to its pre-1951 standing, which raised concerns during the hearing.
The 1951 amendment eliminated the need for Muslim university students to receive mandatory religious instruction.
The power of Parliament to enact laws and the judiciary to interpret those laws have both been repeatedly put to the test by this complicated subject.
The fact that the 1981 amendment does not return things to how they were before 1951 is one issue that worries us. To put it another way, Chief Justice Chandrachud stated at the hearing that the 1981 amendment only partially addresses the issue.
The power of Parliament to enact laws and the judiciary to interpret those laws have both been repeatedly put to the test by this complicated subject.
The fact that the 1981 amendment does not return things to how they were before 1951 is one issue that worries us. To put it another way, Chief Justice Chandrachud stated at the hearing that the 1981 amendment only partially addresses the issue.
The 1981 modification to the AMU Act was previously rejected by the BJP-led NDA government. They contended that the court need to adhere to a 1967 decision made by a five-judge Constitution bench, which held that the institution could not be categorized as a minority institution because it was a central university.
Supporters of minority status, led by Senior Advocate Kapil Sibal, contend that Article 30 of the Constitution, which grants linguistic and religious minorities the authority to create and run educational institutions, validates the university's status. Additionally, they contend that the fact that just 37 of the 180 members of the university's governing council are Muslim has no bearing on the university's minority identity.
Speaking on behalf of the government, Solicitor General Tushar Mehta contended that Aligarh Muslim University could not claim minority status because it is a central university that receives significant government funding and has been designated as an institution of national importance. They further state that following the 1951 revision to the AMU Act, the institution relinquished its minority status, particularly because it started to receive funds from the central government.
The Supreme Court heard challenges after the Allahabad High Court overturned the 1981 law that granted AMU minority status. In 2019, the Supreme Court sent the case to a seven-judge panel.
0 Comments