Is Aligarh Muslim University A Minority Institution? CJI-Led Supreme Court Bench To Rule Today


(MENAFN- Live Mint) A seven-judge constitution bench of the Supreme Court is scheduled to pronounce its verdict today on whether or not the Aligarh Muslim University (AMU) is a minority institution under Article 30 of the Constitution. The Article 30 empowers religious and linguistic minorities to establish and administer educational institutions in India.

The bench headed by Chief Justice DY Chandrachu will pronounce the verdict on Friday, his last day in office. The bench, comprising Justices Sanjiv Khann , Surya Kant, J B Pardiwala, Dipankar Datta, Manoj Misra and Satish Chandra Sharma, had reserved its verdict on the question on February 1 after hearing arguments for eight days.

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On February 1, SC reserved its verdict on the issue saying that the 1981 amendment to the AMU Act, which effectively accorded it a minority status, only did a "half-hearted job" and not restore to the institution the position it had prior to 1951.

While the AMU Act, 1920, speaks about incorporating a teaching and residential Muslim university in Aligarh, the 1951 amendment does away with compulsory religious instructions for the Muslim students at the university.

Without a minority status, AMU will have to implement reservation policies for both teachers and students in a similar manner as other public universities do. If the status is granted, the university can provide up to 50 per cent reservation for Muslim students.

AMU has internal reservation

At present, AMU doesn't follow any reservation policies of the state. But has an internal reservation policy, where 50 per cent of seats are reserved for students who have studied in its affiliated schools and colleges.

The question has repeatedly tested Parliament's legislative acumen and judiciary's prowess in interpreting complex laws involving the institution founded in 1875 as Muhammadan Anglo-Oriental College by prominent Muslim community members led by Sir Syed Ahmed Khan . Years later, in 1920, it transformed into a university under the British Raj.

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Live Mint

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