Minority Status of Aligarh Muslim University (AMU)

• Context (IE): The SC constitution bench began hearing on the issue of the minority status of AMU.

Foundations of AMU

• AMU’s origins can be traced back to the Madrasatul Uloom by Sir Syed Ahmad Khan in 1875 in Aligarh. It later evolved as Muhammadan Anglo-Oriental (MOA) College.
• It was to help Muslims overcome educational backwardness and prepare for government services.
• It imparted Western education as well as Islamic theology.
• MOA College was conferred university status by the AMU Act of 1920.

Significant Amendments in the AMU Act of 1920

• “Governor General of India” as “head” was replaced by “President of India” as “Visitor”.
• Non-Muslims were also allowed to join the University Court, earlier limited to only Muslims.
• Amendments reduced the authority of the University Court and increased the powers of the Executive Council of AMU.
• As a result, the Court essentially became a body appointed by the ‘Visitor’,i.e. President of India.
• These amendments were challenged in the S. Azeez Basha case (1967).

S. Azeez Basha case (1967)

• The petitioners argued that primarily Muslims established AMU and have the right to manage it.
• The court held that AMU was neither established nor administered by the Muslim minority.
• The court emphasised that AMU was established through a central Act to ensure the government’s recognition of its degrees.
• Additionally, the SC stated according to the 1920 Act, Muslims did not solely operate the university. Instead, its administration was entrusted to the Governor General and other statutory bodies.
• The court remarked that even the University Court, which had only Muslim members, was elected by an electorate that was not exclusively Muslim.

AMU Act Amendement 1981

• To pacify the country-wide protests, the amendment was introduced.
• It stated that the university was “an educational institution of their choice established by the Muslims of India” and “subsequently incorporated” as the AMU.

Resurgence of dispute

• The reservation of 50% of postgraduate medical courses for Muslims in 2005 was challenged in the Allahabad High Court.
• Allahabad HC overturned the reservation and nullified the 1981 Act.
• In 2006, various petitioners, including the Union government, appealed before the Supreme Court.
• Further, in 2016, the government decided to withdraw the appeal.
• In 2019, the matter was referred to the constitutional bench.

Provisions related to Minority Educational Institutions (MEI)

• Article 15(5): MEI are exempted from reservation provisions.
• Article 30(1)(a): All religious and linguistic minorities have the right to set up and administer educational institutions.
• The Right to Education Act requirement of 25% admission to economically backward students is not mandatory for MEI.
• St Stephens vs Delhi University case (1992): SC upheld 50% reservation for minorities in MEI.
• TMA Pai case (2002): MEI can have a separate and fair admission process with a separate fee structure but without capitation fees.

Muslims, Sikhs, Christians, Buddhists, Jains, and Zoroastrians (Parsis) have been notified as minority communities under the National Commission for Minorities Act of 1992.