“AMU entitled to be a Minority Institution’: SC overturns 1967 Ruling in 4:3 Majority Verdict”, Jagran English, November 8, 2024:
“In a landmark decision, the Supreme Court of India, by a 4-3 majority, overruled its 1967 judgment that had denied minority status to the Aligarh Muslim University (AMU). However, the issue of whether AMU is a minority institution will now be determined by a regular bench, based on the majority view. The decision was pronounced by a seven-judge constitution bench of the apex court comprising CJI DY Chandrachud comprising Justices Sanjiv Khanna, Surya Kant, JB Pardiwala, Dipankar Datta, Manoj Misra and SC Sharma.
In the Azeez Basha case, the court had previously ruled that Aligarh Muslim University (AMU) could not claim minority status because it was established by a statute. However, today, the top court bench led by Chief Justice DY Chandrachud, overruled this decision. The Court held that an institution’s minority status cannot be denied solely because it was created by a statutory provision, as reported by Live Law.
The Constitution bench of the Supreme Court said that the key factor in determining minority status is to examine who founded the institution and who was the “driving force” behind its creation. The top court said that if this inquiry reveals that the institution was established by members of a minority community, it is entitled to minority status under Article 30 of the Constitution. The matter was then referred to a regular bench for a factual determination on this issue…….”
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