SC Reserves Verdict on Minority Status of AMU

The Supreme Court on Thursday reserved its verdict on the minority status of Aligarh Muslim University (AMU), after days of heated debate.

A seven-judge bench headed by Chief Justice D Y Chandrachud heard the arguments put forth by the rival sides over eight days.

The bench also comprises justices Sanjiv Khanna, Surya Kant, J B Pardiwala, Dipankar Datta, Manoj Misra and Satish Chandra Sharma.

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The issue of AMU’s minority status has been caught in a legal maze for the last several decades.

The top court had on February 12, 2019 referred to a seven-judge bench the contentious issue. A similar reference was also made in 1981.

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A five-judge constitution bench had in the S Azeez Basha versus Union of India case in 1967 held that since AMU was a central university, it cannot be considered a minority institution.

However, the fabled institution got back its minority status when Parliament passed the AMU (Amendment) Act in 1981.

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In January 2006, the Allahabad High Court struck down the provision of the 1981 law by which the university was accorded the minority status.

The Congress-led UPA government at the Centre moved in appeal against the Allahabad High Court order. The university also filed a separate petition against it.

The NDA government spearheaded by the BJP told the Supreme Court in 2016 that it will withdraw the appeal filed by the erstwhile UPA dispensation.

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It had cited the apex court’s 1967 judgement in the Basha case to claim that AMU was not a minority institution since it was a central university funded by the government.

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