Supreme Court Overrules 1967 Verdict on AMU's Minority Status
The Supreme Court has ruled that the contentious issue of Aligarh Muslim University's minority status will be determined by a new bench, overturning the 1967 judgement. The decision emphasizes Article 30's protection of minority educational institutions and the need for clear evidence of their establishment by minority communities.
- Country:
- India
The Supreme Court has made a landmark decision regarding the contentious legal status of Aligarh Muslim University (AMU) as a minority institution, overruling a 1967 judgement. In a 4:3 majority verdict, the Constitution bench established that any legislative or executive action discriminating against religious or linguistic minorities in their educational endeavors is a violation of Article 30(1) of the Constitution.
Chief Justice D Y Chandrachud, leading the bench, elucidated that Article 30(1) grants minorities the right to establish and administer educational institutions. Overturning the Azeez Basha case of 1967, the court emphasized that educational institutions deriving legal character through a statute do not negate their minority status.
The decision directs that the question of AMU's minority status should be decided by applying the principles laid down in the judgment. Consequently, the matter is to be reconsidered by a regular bench to resolve appeals against the 2006 Allahabad High Court decision, which nullified AMU's minority recognition under a 1981 law.
(With inputs from agencies.)
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