AMU Minority Status Can't Be Lost Merely Because...: Supreme Court Overrules 1967 Verdict

The verdict comes after decades of legal disputes over the minority status of the AMU, and the top court had in 1967 denied the minority status citing it was created by a statute

AMU Minority Status Can't Be Lost Merely Because...: Supreme Court Overrules 1967 Verdict

AMU Minority Status Can't Be Lost Merely Because...: Supreme Court Overrules 1967 Verdict

New Delhi: While hearing the case on whether the Aligarh Muslim University (AMU) is a minority institution, a seven-judge bench led by chief justice DY Chandrachud has ruled that the minority status of the university cannot be lost merely because it was created with a statute. The Court added that the minority claim is to be decided based on who established the institution.

The verdict comes after decades of legal disputes over the minority status of the AMU. In the 1967 Azeez Basha case, the Court ruled that AMU denied the minority status, saying that the institution cannot claim the status as it was established by a statute.

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The university was founded in 1875 as Muhammadan Anglo-Oriental College by Sir Syed Ahmed Khan. In 1920, it was transformed into a university under British rule.

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Notably, the NDA government under Prime Minister Modi had earlier opposed the 1981 amendment made by the then UPA government, which helped the institution in its pursuit of minority claim. The BJP-led government insisted that the court should go by the 1967 judgement, upholding the denial of the status. Notably, the 1981 amendment had fallen short of restoring the minority status to AMU.

The minority status have several implications in connection with the the university administration, reservation policies and the programs offered by the university.

Read Also: SP Leader Moves A Private Member Bill To Restore Minority Status Of Aligarh Muslim University

Notably, the verdict marks current chief justice  DY Chandrachud’s last working day in the country’s highest judicial office. In a 4:3 judgement, the chief justice wrote the verdict while justice Surya Kant, Dipankar Datta, and SC Sharma dissented. In 2019, the seven-bench was assigned by the then chief justice to decide on the dispute. Justice Sanjiv Khanna has bee appointed as the 51th chief justice of India, and he would take the charge on November  11, 2024.