What does Article 30(1) of the Constitution state?
Article 30(1) guarantees religious and linguistic minorities the right to establish and manage educational institutions of their choice.
It ensures these institutions can operate without government interference, promoting minority rights in education.
Why did the 1967 Azeez Basha judgment state that AMU cannot be considered a minority institution?
The 1967 judgment ruled that AMU was established through central legislation, not by the Muslim community itself.
The Court argued that since the university was not founded and administered by the Muslim minority, it could not claim minority status.
On what grounds has the 1967 judgment been revoked by the Supreme Court now?
The SC clarified that institutions founded before the Constitution’s adoption are entitled to the protections of Article 30(1), even if they were later granted legal recognition by the state.
The majority ruled that an institution doesn't lose its minority status if its administration is taken over by non-community members, particularly for secular or professional education.
It emphasized that the original purpose of the institution, such as benefiting the minority community, must be considered, not just the legal framework or administrative changes.
The Court also stated that an institution’s recognition as of national importance does not contradict its minority status.
The onus is on the minority community to prove that the institution was primarily established for their benefit, which can be assessed through historical records and documents.
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