Introduction

The Supreme Court’s seven-judge Bench has begun hearing the long-standing dispute over the minority status of Aligarh Muslim University (AMU), a contention that spans nearly six decades.

AMU’s Establishment

Origins: AMU traces its roots to the Muhammadan Anglo-Oriental (MOA) College, founded by Sir Syed Ahmad Khan in 1875 to address Muslims’ educational backwardness.
University Status in 1920: The institution gained university status in 1920, transitioning from MOA College to AMU, with a focus on both Western education and Islamic theology.

Article 30(1) of the Constitution: It says that all minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice.
Initial Legal Challenges: The Supreme Court’s 1967 ruling in S. Azeez Basha vs. Union of India marked the beginning of the legal dispute, questioning the amendments to the AMU Act and the university’s administration.
Supreme Court’s 1967 Verdict: The court held that AMU was not established nor administered by the Muslim minority, emphasizing that it was created by a central act for government recognition of its degrees.

1981 Amendment Affirming Minority Status: Following protests by Muslims, the government amended the AMU Act in 1981, explicitly recognizing its minority status.
Allahabad High Court’s 2005 Ruling: The High Court overturned AMU’s reservation policy and nullified the 1981 amendment, aligning with the Supreme Court’s 1967 decision.

Withdrawal of Appeal by NDA Government: In 2016, the NDA government withdrew its appeal in the Supreme Court, stating it could not endorse setting up a minority institution in a secular state.
Referral to a Larger Bench: In 2019, a three-judge Bench led by then CJI Ranjan Gogoi referred the matter to a seven-judge Bench for a comprehensive review.

Composition of the Bench: The case is being heard by a Bench comprising CJI DY Chandrachud and Others
Focus of the Hearing: The Bench is set to deliberate on the complex historical, legal, and constitutional aspects surrounding AMU’s minority status.

Significance of the Case: The Supreme Court’s current hearing is crucial in determining the future of AMU’s minority character, a matter deeply intertwined with India’s educational and secular fabric.
Implications for Minority Rights: The outcome will have significant implications for minority rights in India, particularly concerning the establishment and administration of educational institutions under Article 30(1) of the Constitution.