 "Aligarh Muslim University minority status case: SC overrules 1967 judgement")
The Supreme Court on Friday overruled its 1967 judgement about the Aligarh Muslim University (AMU) that became the basis for denying the minority status to the institute. In a 4-3 split decision, a bench led by Chief Justice D Y Chandrachud overruled judgement in the 1967 Azeez Basha case and also said that a new bench will decide on the minority status of the AMU.
The court directed that the AMU’s minority status be decided again based on the principles in this verdict. “The view in Azeez Basha that minority character stops when statute comes into force is overruled. Whether the AMU is minority or not will be decided as per this judgement,” said Chandrachud.
What is the Azeez Basha case?
In the Azeez Basha versus Union of India case, a five-judge constitution bench had ruled that AMU being a central university cannot be considered a minority institution. However, Parliament restored the university’s minority status in 1981 by passing the AMU (Amendment) Act.
Allahabad High Court's 2006 judgement on AMU
The issue further escalated in 2006, when the Allahabad High Court struck down the provision of the AMU (Amendment) Act, 1981. In response, the previous Congress-led United Progressive Alliance (UPA) government had appealed against the 2006 order. The AMU has also filed a petition over the issue.
However, when the Bharatiya Janata Party-led National Democratic Alliance assumed power, it told the Supreme Court in 2016 that it was withdrawing the appeal filed by the past government.
In 2019, the top court referred the matter to a seven-judge bench.
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In January this year, the court had expressed surprise over Centre’s refusal to acknowledge the 1981 Parliament amendment. Noting that the Parliament is an "eternal, indestructible body" under the Indian Union, CJI Chandrachud has said that the Centre has to stand by what Parliament has done.