Shockers in Supreme Court Over minority status: Aziz Basha Ruling Reviled, AMU's very existence now hangs in a balance!
The minority status conundrum just got cleared up by Supreme Court: Aziz Basha ruling overturned in landmark decision 2024's November 8 ruled the higher court of India.
The judgment in 1967, delivered by a two-judge bench in the case of Aziz Basha, stated that AMU, being a central university, could not enjoy the blessings of minority institution status.
Background of the Case
The Aziz Basha case has its roots in 1967, when the Supreme Court, by a five-judge constitutional bench, held that AMU did not come within the orbit of being considered a minority institution. The court held that whereas it is true that AMU was established under a central act for the purpose of recognition of its degrees, it was not solely due to the efforts of the Muslim minority community. The court insisted on the basic point that even though the foundation act might have been coloured by the aspirations of the Muslim minority, it did not necessarily mean that AMU was a body founded by the minority community itself.
The arguments then were centered on the point that the administration and establishment of the university were not totally derived from the efforts of the Muslim minority. It was pointed out that an institution established under the law cannot claim minority status purely because it serves a specific community.
Recent Supreme Court Developments
In the latest judgement, Chief Justice pointed out that any religious community can establish institutions but that the administration of such institutions must follow governmental rules and regulations. It was noted by the Supreme Court that the minority status under Article 30 of the Constitution is rightly given to AMU so that rights are granted to different religious communities for establishing and managing educational institutions. However, the court directed that the specific minority status of AMU would be ascertained by a new bench of three judges and that such criteria would also be laid down for determining minority institutions hereafter.
Importance of the Judgment
This has brought about a sea change in the legal landscape of the educational institutions in India and more importantly of those who claim minority status. The Supreme Court judgment has opened doors for AMU to seek minority status under it, all while using it as a potential precedent for the assessment of such claims in the future.
This leaves a larger question about all educational institutions across the country, which is set to face this bench as the institution readies itself for matters to be decided on these counts. It would also have implications on the others who are similarly situated.
New light has been thrown on developing the changing legal discourse over minority rights in India and ultimate debates concerning the place of institutions like schools in fostering inclusiveness while still preserving community identity. Willingness of the Supreme Court to reassess decisions previously given can open the way for understanding better what being a minority in a modern Indian today actually means.
