Great decision by the Supreme Court in the AMU case.
The seven-judge constitutional bench of the Supreme Court has delivered a landmark verdict on the petitions demanding restoration of the minority status of Aligarh Muslim University (AMU). The Supreme Court by majority overturned Aziz Basha’s decision of 1967. The court has said that a three-judge bench will decide whether AMU is a minority institution or not. Furthermore, the Supreme Court affirmed that the AMU was created by minorities, something that will have to be proven.
What did the Supreme Court say?
Delivering the verdict on the case, the CJI said the guiding question was: What are the criteria for considering an educational institution as a minority educational institution? Will an institution be considered a minority educational institution because it was established by a person who belongs to a religious or linguistic minority or because it is run by a person who belongs to a religious or linguistic minority?
The rights granted in article 30 are not absolute – CJI
Chief Justice Chandrachud said religious communities can form institutions but cannot administer them. The rights provided for in article 30 are not absolute. The religious community does not have unlimited rights to manage institutions. It cannot weaken Article 30(1). Minority institutions can also be regulated.
Decision 4:3
CJI DY Chandrachud said I wrote the judgment with the majority. There are three disagreements. Justice Surya Kant, Justice Dipankar Dutta and Justice Sharma have written their respective dissents. So it’s a 4:3 decision. Chief Justice Chandrachud said religious communities can form institutions but cannot administer them. The rights provided for in article 30 are not absolute.
Which judges pronounced the verdict?
The constitutional bench of Chief Justice DY Chandrachud, Justice Sanjeev Khanna, Justice Surya Kant, Justice JB Pardiwala, Justice Dipankar Dutta, Justice Manoj Mishra and Justice Satish Chandra Sharma has taken this decision. The Supreme Court decision will later decide whether Aligarh Muslim University should be given the status of a minority institution or not.
Read this too- CM Sahib’s staff ate samosa, notice to 5 policemen, case of this state
How much further will Canada fall? Australian channel banned for showing External Affairs Minister Jaishankar’s PC, India reprimanded
Latest news from India
