Context:

Recently, the Supreme Court, in a 4-3 majority ruling, overruled its 1967 decision in the S. Azeez Basha v. Union of India case, which had declared AMU not a minority institution.

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The final decision on AMU's minority status left to a smaller Bench, but the ruling cleared the way for AMU to potentially secure minority institution status under Article 30(1) of the Constitution.

The Court established a two-fold test for determining whether an institution qualifies as a minority institution: 

• First, by investigating the origin, purpose, and implementation of its establishment, including who founded it and for whose benefit. 
• Second, the Court looked at the administration, clarifying that while the minority community need not exclusively manage the institution, the administration should reflect the institution’s purpose of benefiting the minority, especially for institutions founded before the Constitution came into force.

Background of the AMU Minority Status

1877: Sir Syed Ahmed Khan, a 19th-century Muslim reformer, founded the Muhammadan Anglo-Oriental (MAO) College in Aligarh in 1877.

• His aim was to introduce modern British education to Muslims while preserving Islamic values. Though primarily for Muslims, the college was also open to students from other communities.

1920: The Aligarh Muslim University Act (AMU Act) was passed, officially incorporating MAO College and another Muslim institution into Aligarh Muslim University (AMU).

1967: In the case of S. Azeez Basha v. Union of India, the Supreme Court ruled that Aligarh Muslim University (AMU) was not a minority institution. 

• The court stated that AMU was not established or administered by the Muslim community, but was created through an Act of Parliament, so it didn't qualify for minority status under Article 30 of the Constitution.

1981: The government amended the AMU Act, 1920 to state that AMU was established by the Muslim community to promote the cultural and educational advancement of Muslims in India.

2005: AMU introduced 50% reservations for Muslims in its postgraduate medical programs.

2006: The Allahabad High Court struck down AMU’s reservation policy and the 1981 amendment. 

• The court relied on the 1967 Azeez Basha ruling, stating that AMU was still not a minority institution.

2019: The matter was referred to a seven-judge Bench of the Supreme Court for a final decision. 

What Minority Status Means for AMU

• Autonomy in Management: As a minority institution, AMU has the right to independently manage its operations, including setting policies and defining its educational goals, as guaranteed by Article 30(1).
• Exemption from SC/ST Reservations: AMU, under Article 15(5), is not required to provide reservations for SCs and STs, but can reserve up to 50% of seats for Muslim students.
• Control Over Admissions and Staffing: AMU gains the authority to control student admissions and the hiring of both teaching and non-teaching staff, ensuring the institution reflects the interests and needs of the Muslim community.