Minority Status of Aligarh Muslim University (AMU)

Never Miss an Important Update! Assured Discounts on New Products!

Table of contents

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.

“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).

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.

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.

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.

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.