A seven-judge bench of the Supreme Court gave a historic verdict on a petition seeking restoration of minority status to Aligarh Muslim University (AMU). The Supreme Court overturned the 1967 Aziz Basha ruling by a majority vote. The court said a three-judge bench will decide whether AMU is a minority institution. Let us tell you that in this decision Aligarh Muslim University cannot claim minority status as it was created under the law. Apart from this, the Supreme Court also said that AMU was established by minorities and this needs to be proved.
What did the Supreme Court say?
When pronouncing the case, the court stated that the question for reference is – what are the criteria for identifying educational institutions as educational institutions for ethnic minorities? Will an institution be considered a minority educational institution because it is established by or is run by persons belonging to a religious or linguistic minority?
Rights conferred by Article 30 are not absolute – CJI
Chief Justice Chandrachud said religious groups can form institutions but cannot manage them. The rights conferred by Article 30 are not absolute. Religious groups do not have unlimited rights to govern institutions. Article 30(1) cannot be weakened. Minority institutions can also be regulated.
4:3 decision
CJI DY Chandrachud said I had written the judgment along with the majority. There are three disagreements. Justices Surya Kant, Dipankar Dutta and Sharma wrote their respective dissents. So this is a 4:3 decision. Chief Justice Chandrachud said religious groups can form institutions but cannot manage them. The rights conferred by Article 30 are not absolute.
Which judges heard the verdict?
The decision was taken by a Constitution bench comprising Chief Justice DY Chandrachud, Justice Sanjeev Khanna, Justice Surya Kant, Justice JB Pardiwala, Justice Dipankar Dutta, Justice Manoj Mishra and Justice Satish Chandra Sharma. The Supreme Court ruling will later decide whether Aligarh Muslim University should get the status of a minority institution.
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