Supreme Court verdict today on Aligarh Muslim University’s minority status

The Supreme Court is set to announce its verdict on Friday on whether the Aligarh Muslim University (AMU) in Uttar Pradesh enjoys minority status under Article 30 of the Constitution.

Which empowers religious and linguistic minorities to establish and administer educational institutions. A seven-judge constitution bench headed by Chief Justice DY Chandrachud will deliver the judgement after reserving its verdict on February 1 following eight days of hearings. The top court was hearing a reference arising out of the 2006 verdict of the Allahabad High Court which held that the university was not a minority institution.

The court also considered the validity of a 1967 Supreme Court case which rejected the minority status of the university, as well as the 1981 amendment to the AMU Act that granted minority status. During the hearing, the bench had expressed concerns over the 1981 amendment, stating it did a “half-hearted job” in restoring the university’s pre-1951 status.

The 1951 amendment abolished the requirement for compulsory religious instruction for Muslim students at the university.

This complex issue has consistently tested both Parliament’s authority to legislate and the judiciary’s ability to interpret such laws.

“One thing which is worrying us is that the 1981 amendment does not restore the position as it stood prior to 1951. In other words, the 1981 amendment does a half-hearted job,” Chief Justice Chandrachud said during the hearing.

Previously, the BJP-led NDA government refused to accept the 1981 amendment to the AMU Act. Instead, they argued that the court should follow a 1967 ruling by a five-judge Constitution bench, which ruled that since the institution was a central university, it cannot be classified as a minority institution.

Supporters of minority status, represented by Senior Advocate Kapil Sibal, argue that the university’s status is valid under Article 30 of the Constitution, which gives religious and linguistic minorities the right to establish and manage educational institutions. They also argue that the university’s minority character is not affected by the fact that only 37 of its 180 governing council members are Muslim.

Solicitor General Tushar Mehta, appearing for the government, argued that Aligarh Muslim University, being a central university funded heavily by the government and declared an institution of national importance, cannot claim minority status. They add that the institution surrendered its minority character after the 1951 AMU Act amendment, especially since it began receiving central government funding.

The Allahabad High Court had previously struck down the 1981 law granting AMU minority status, prompting appeals to the Supreme Court. The top court referred the issue to a seven-judge bench in 2019.