In 1967, there was a legal issue about Aligarh Muslim University’s (AMU) minority status. The Supreme Court, led by Chief Justice KN Wanchoo, was looking into changes made in 1951 and 1965 to the AMU Act of 1920. These changes influenced how the university operated.
The AMU Minority Character Case has been going on for almost 57 years and has been dealt with by various courts multiple times.
AMU started with the Muhammadan Anglo-Oriental (MOA) College, founded by Sir Syed Ahmad Khan in 1875. It aimed to help Muslims catch up in education and get ready for government jobs. MOA provided both Western education and focused on Islamic theology.
A group of seven judges in the Supreme Court began discussing the issue of whether Aligarh Muslim University should be considered a minority institution. This argument has been going on for about 57 years and has been decided by various courts before.
Deciphering the Unique Identity: Minority Status in Educational Institutions
“Constitutional Empowerment: Article 30(1) Safeguards Rights of Religious and Linguistic Minorities in Educational Institutions, Ensuring Equality and Non-Discrimination in Government Aid”
The law says that all minorities, based on religion or language, can start and manage their own schools. If the government needs to take over a property of a minority educational institution, they must ensure it doesn’t violate this right. The government shouldn’t discriminate against minority-managed schools when providing financial help. The argument for Aligarh Muslim University (AMU) being a national institution, not a minority one, is based on its historical importance and the secular nature of the country. The government says AMU has always been nationally significant, even before independence, and therefore, it shouldn’t be considered a minority institution.
The government argues that Aligarh Muslim University (AMU) isn’t primarily a Muslim university since it’s established and managed by the minority. They say a university declared of national importance, as per the Constitution, can’t be a minority institution. If AMU is labeled a minority institution, it won’t have to follow reservation policies. The government believes that such an exemption for a large, nationally important institution like AMU could have significant consequences. They stress that AMU has a strong national character, evident from its ranking and accreditation. The historical context and amendments to the AMU Act support the view that AMU is a national and non-minority university. The debate over AMU’s minority status has been ongoing for decades, with legal twists and turns. Despite a 1967 judgment and subsequent amendments, the issue remains contentious.
Dhairya Saraswat