The Supreme Court, grappling with the complex issue of Aligarh Muslim University’s minority status, criticized the 1981 amendment to the AMU Act during a recent hearing. The amendment, which granted the university a minority status, was described as doing a “half-hearted job” by the Chief Justice DY Chandrachud. The court reserved its verdict after eight days of intense arguments.
The AMU Act of 1920 established a Muslim university in Aligarh, but the 1951 amendment removed compulsory religious instructions for Muslim students. The court expressed concerns that the 1981 amendment did not fully restore the institution’s pre-1951 status.
The debate involved assessing whether the AMU should be considered a minority institution, given its funding from the central government and its designation as an institution of national importance. The BJP-led government rejected the 1981 amendment, referencing a 1967 constitution bench verdict that considered AMU a central university, not a minority institution.
Various arguments were presented, with some supporting the minority status based on Article 30 of the Constitution, while others contested it, citing significant government funding and claiming the university had surrendered its minority character. The Allahabad High Court had previously struck down the 1981 amendment, leading to appeals in the Supreme Court, including one from AMU.
This prolonged legal dispute over AMU’s minority status has involved multiple references to higher benches, with the current hearing initiated in 2019. The case explores the intricate balance between the university’s historical origins, its transformation into a central university, and the application of constitutional provisions related to minority rights in educational institutions.
Source: PTI
