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In a recent observation, the Supreme Court, headed by Chief Justice of India D Y Chandrachud, highlighted that the right granted to religious and linguistic minorities to establish and administer their educational institutions under Article 30(1) of the constitution was not intended to “ghettoise” them.
The remarks were made during a hearing on the minority status of Aligarh Muslim University (AMU) by a seven-judge bench.
As reported by The Hindu, Chief Justice Chandrachud clarified that the minority character of an educational institution is not compromised if administrators from other communities, including the majority group, are chosen to run the institution.
Also Read: Centre Challenges Aligarh Muslim University’s Minority Status In Supreme Court
He emphasised that Article 30 does not mandate that the administration of a minority educational institution should be exclusively by members of that community, granting the minority the discretion to choose administrators.
Senior advocate Kapil Sibal, representing the AMU Old Boys’ Association, argued that the determination of an educational institution’s minority character should be based on its genesis.
He pointed out that factors such as the inspiration to establish the institution, funding, and obtaining government recognition with a minority tag should be carried out by the minority community members.
The legal debate over the minority status of AMU dates back to a landmark 1967 case (S. Azeez Basha versus Union of India), where a five-judge bench ruled that the AMU was a central university and not a minority institution.
However, in 1981, the parliament enacted the AMU (Amendment) Act, restoring its minority status.
After that the Allahabad High Court, in 2006, struck down the provision of the 1981 law granting minority status, leading to the issue being referred to the current seven-judge Bench in 2019.
The Centre, in its earlier written submissions, contended that the AMU’s “national character” precludes it from being considered a minority institution.
The government had argued that a university declared as an institution of national importance cannot be categorised as a minority institution.
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