In a landmark ruling, a seven-judge Constitution Bench of the Supreme Court on Friday overruled its 1967 judgment in the S Azeez Basha case, which had denied minority status to Aligarh Muslim University (AMU). By a 4:3 majority, the Bench paved the way for AMU to potentially be declared a minority institution, revising the criteria used to determine whether an educational institution qualifies for minority status.
The majority opinion was delivered by Chief Justice DY Chandrachud, who was joined by Justices Sanjiv Khanna, JB Pardiwala, and Manoj Misra. The dissenting verdicts were penned by Justices Surya Kant, Dipankar Datta, and SC Sharma, who disagreed with the majority’s interpretation.
In the S Azeez Basha case, the Supreme Court had ruled that AMU could not claim minority status, reasoning that an institution must be both established and administered by a minority community to qualify. However, the new ruling provides broader guidelines for determining an institution’s minority status under Article 30 of the Indian Constitution, which protects the rights of minorities to establish and manage educational institutions.
Following the judgment, the Court directed that the specific case of AMU’s minority status be referred to the Chief Justice, who will place it before an appropriate Bench for further adjudication. The majority emphasized that any determination of AMU’s minority status should be based on the new tests established in this ruling, thus opening the door for a fresh assessment of the university’s legal standing.
The verdict is being hailed as a significant shift in the interpretation of minority rights in education, potentially setting a precedent for other institutions seeking similar recognition.
