SC defers AMU’s minority status; refers issue to new bench

The Supreme Court deferred the question of Aligarh Muslim University’s (AMU) minority status, referring the matter to a new bench on Friday. The court also overruled a 1967 judgement, which stated that AMU could not be considered a minority institution since it was established through central legislation.

In a verdict led by Chief Justice of India D Y Chandrachud, the bench outlined criteria to assess AMU’s minority status. The 4:3 majority judgement, authored by the Chief Justice, also on behalf of Justices Sanjiv Khanna, J B Pardiwala, and Manoj Misra, said, "The view taken in Azeez Basha (1967 verdict) that a minority does not establish an educational institution if it derives its legal character through a statute is overruled."

The five-judge Constitution Bench in S Azeez Basha vs Union of India (1967) had previously ruled that AMU, being a central university, could not be classified as a minority institution.

The outgoing CJI directed that the judicial records for this case be presented before a regular bench to further address the question of AMU's minority status and to adjudicate appeals challenging a 2006 ruling by the Allahabad High Court. In January 2006, the high court nullified a provision in the 1981 law that had granted AMU minority status.

The issue of AMU’s minority status has been entangled in legal proceedings for several decades. The Supreme Court had previously referred the contentious matter to a seven-judge bench on February 12, 2019.