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Friday, December 6, 2024

The 1981 Amendment: When Indira Gandhi Government brought an act of Parliament to ‘Restore’ AMU’s Minority Status

“The 1981 Amendment: When Indira Gandhi Government brought an act of Parliament to ‘Restore’ AMU’s Minority Status”, Swarajyamag, February 2, 2024:

“Earlier today, a seven-judge Constitution Bench of the Supreme Court overturned a 1967 ruling in S Azeez Basha v Union of India, which had held that Aligarh Muslim University (AMU) is not a minority institution. The court, however, deferred the final decision on AMU’s minority status to another Bench.

In its majority verdict, the Bench established a test to determine if an educational institution qualifies as a minority institution under Article 30(1) of the Constitution. This test provides a framework for assessing claims to minority status by educational institutions across India.

What is lesser known is that in 1967, the apex court had effectively adjudged that the AMU was NOT a minority institution. A five-judge SC bench, in the Azeez Basha case held that AMU was not entitled to minority education institution status as it was neither established nor administered by the Muslim minority………”

Read the full article at Swarajyamag.com

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