Religious and linguistic minorities in India are entitled to constitutional protection
Particularly under Article 30(1) of the Constitution, which guarantees the right to establish and administer educational institutions of their choice.
The Supreme Court, in a 7-judge Bench, laid out guidelines (called ‘indicia’) to identify a minority institution.
Key factors include:
Who founded the institution.
Whether the institution was created to serve the interests of a specific minority group.
The administrative structure that affirms its minority character.
AMU’s Unique History
AMU was established by Sir Syed Ahmad Khan in 1875 for the benefit of Muslim students.
It was granted university status in 1920 by an Act of the Central Legislature.
The 1967 judgment stated that AMU could not be considered a minority institution because it was established by legislation, not directly by the Muslim community.
Amendments to the AMU Act in 1981 sought to strengthen AMU’s minority status and counter the 1967 judgment.
Recent Supreme Court Judgment says that AMU’s minority character was not negated by its status as a university created by legislation.
The main criteria for determining minority status include the intent of the institution's founders and whether its administration supports the interests of the Muslim community.
If AMU is stripped of its minority status, it could be subjected to reservations for Scheduled Castes, Scheduled Tribes, and Other Backward Classes, affecting its admission policies.
There’s concern about preserving the university’s original educational and cultural ethos if its minority character is removed.
COMMENTS