Historic Verdict: The Supreme Court Refuses Minority Tag to AMU and Triggers Ripple Effects for Hindu Institutions
NEW DELHI — Recently, in a landmark judgment, the Supreme Court ruled that Aligarh Muslim University (AMU) would not be considered a minority institution under Article 30 of the Indian Constitution. That article granted to minority communities the right to establish and administer their educational institutions. The ruling has sweeping implications for the educational and social landscape of India, and may also hold significance for the status of other institutions in similar circumstances.
In point of fact, what has really swung the scales in the judgment is that AMU was a legislative act of 1920, established not by any minority community but by legislation. Tushar Mehta, Solicitor General argued that no grounds existed for the claim of Minority status based on the position that it was not set up by any minority group nor administered by any minority group. The Supreme Court made a pertinent point by remarking that AMU is an institution of national importance, being under Article 15(1) of the Constitution, which debarred the state from discrimination against any person on grounds of religion, caste, language, or any of them, place of birth.
Beyond AMU, the judgment impact runs to influence other institutions as well, including Hindu-run ones, as it sets a precedence to the effect that being run by the community is not enough for institutions to claim minority status. It does so to ensure education delivery by the institutions is grounded on the principles of equality and fairness as enshrined in the Constitution, rather than community-based favoritism.
This judgment might motivate the Hindu institutions to become more cautious about their rights and to act towards all kinds of discrimination claims. Therefore, it provides the base for education that is fair and equal for everyone, and enables all the institutions to function as per the constitutional values.
