Supreme Court Revisits Aligarh Muslim University’s Minority Status in Historic Verdict

In a major decision, the Supreme Court has overturned a 1967 judgment that blocked Aligarh Muslim University (AMU) from being considered a minority institution. The court, however, decided that a smaller bench of three judges will re-evaluate if AMU can be granted minority status, based on the updated legal principles from this new ruling.

A seven-judge Constitution bench, led by Chief Justice DY Chandrachud, delivered four separate opinions on this issue. Four judges, including the Chief Justice, favored changing the 1967 judgment, while three judges disagreed.

The case, argued over eight days earlier this year, focused on a law change from 1981 that aimed to restore AMU’s minority status but didn’t fully reinstate AMU’s rights as they were in 1920. This change was seen as incomplete because the 1981 amendment didn’t bring AMU fully back to its original roots as a Muslim-focused institution.

Justice Chandrachud emphasized that while the 1981 change in the AMU Act hinted at minority status, it didn't fully restore AMU's Muslim identity as initially defined when it was established in 1920. He noted that if the law had truly restored AMU’s original identity, there would be no dispute over its status today.

The current BJP-led government argued against AMU’s minority status, citing the 1967 S. Azeez Basha vs. Union of India ruling, which stated that as a government-funded central university, AMU couldn’t be a minority institution. The 1981 amendment had been struck down by the Allahabad High Court in 2006, but both the AMU administration and the Congress-led UPA government had appealed this decision.

During the hearings, advocates for AMU’s minority status, like senior lawyer Kapil Sibal, argued that the university’s history as a Muslim institution and its predominantly Muslim governance council justify its minority status. On the other hand, the Solicitor General argued that AMU’s funding from the government and designation as a national university mean it should not be tied to one religious group.

The issue has been complex and has been debated in courts for decades. The Supreme Court’s fresh approach to the case may finally settle whether AMU can hold minority status. With the decision now set to be reviewed by a smaller bench, the AMU’s long legal journey for identity continues.

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