The Supreme Court overturned its own AMU decision 57 years ago, in 1967.
Aligarh Muslim University (AMU) deserves minority status. The Supreme Court issued this decision on Friday. The court’s 7-judge panel made this decision by a 4-3 majority. Supreme Court says Aligarh Muslim University is entitled to minority status under Article 30 of the Constitution of India. What is special is that the Supreme Court overturned its own decision given 57 years ago, in 1967. In that decision it was said that Aligarh Muslim University cannot claim the status of a minority institution.
However, in 2005, AMU, considering itself a minority institution, reserved 50 per cent seats in PG medical courses for Muslim students, and Hindu students approached the Allahabad High Court against it. In 2006, the High Court did not consider AMU as a minority institution in its decision. After this decision, AMU reached the Supreme Court and in 2019, this matter was sent to the constitutional chamber of 7 judges.
Now the court has ruled that AMU’s status as a minority institution will remain intact. What is interesting is that the Supreme Court has reversed its own decision handed down 57 years ago. However, the Supreme Court, by a majority of 4 to 3, said that the court records of the case should be placed before the CJI to constitute a new bench to decide the validity of the Allahabad High Court judgment of 2006. Do you know which was that decision 57 years ago, what arguments did the Supreme Court and the Aligarh Muslim University give?
How did the whole controversy start?
The founder, Sir Syed Ahmed Khan, dreamed of building a university like Oxford and Cambridge in India and this led to the founding of Aligarh Muslim University (AMU). Due to lack of permission to build a university at that time, a committee was formed on 9 February 1873 which announced the construction of a madrasa and the foundation of Madrasatul Uloom Madrasa in Aligarh was laid.
After retirement, Sir Syed Ahmed Khan converted Madrasatul Uloom into Mohammedan Anglo Oriental College and started teaching English there. Funds were later raised through donations and in 1920 this university became Aligarh Muslim University.
Now let us understand how the controversies started. In 1951, sections 8 and 9 of the AMU Act were abolished, thereby also ending the provision of religious education to Muslim students. In this way the doors of the university were opened to people of all religions.
There was also a change in section 23 of the AMU Act, 1920, after which this university started functioning as another university under the Ministry of Human Development Resources. In 1967, the matter came before a five-judge panel of the Supreme Court to decide whether or not their minority status would remain intact.
What were the arguments of the University and the Supreme Court 57 years ago?
During the 1967 hearing, the university’s arguments were that Sir Syed had raised funds to build this institute. It was due to the efforts of minorities that it was started for the benefit of minorities. Therefore, it should obtain the status of a minority institution.
After hearing arguments, the Supreme Court said that Sir Syed and his committee had approached the British Government. The British government made a law and recognized this university, so neither Muslims created it nor started it. Therefore, Aligarh Muslim University cannot be given minority status.
Minority status granted by changing the law.
In 1981, 13 years after the Supreme Court decision, the Central Government changed Section 2(1) of the AMU Act and gave it minority status, calling it a favorite institution of Muslims.
Now, what arguments did the Supreme Court give?
On Friday, CJI DY Chandrachud held that an institution would not lose its minority status simply because it was created by statute. The majority held that the court should investigate who founded the university and what the “intention” behind it was. If that investigation points towards a minority community, then the institution can claim minority status under Article 30. For this factual determination, the Constitution Chamber referred the matter to the ordinary chamber.
Read also: How was the American intelligence agency CIA’s foundation laid for espionage in the war?
