AMU minority case : On Friday, the Supreme Court overturned its 1967 decision regarding Aligarh Muslim University (AMU), which served as the foundation for the institute’s denial of minority status. In a 4-3 split ruling, a court led by Chief Justice D Y Chandrachud reversed the 1967 Azeez Basha decision and stated that a new bench will decide the AMU’s minority status.
The court directed that the AMU’s minority status be reconsidered using the standards outlined in this decision. “The argument made in Azeez Basha that minority identity ends when a statute takes effect is rejected.
What exactly is the situation with Azeez Basha?
In the Azeez Basha v. Union of India case, a five-judge constitution bench ruled that AMU, being a central university, cannot be recognized as a minority institution.However, in 1981, Parliament passed the AMU (Amendment) Act, restoring the university’s minority status.
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AMU minority case : Allahabad High Court’s 2006 verdict on AMU
The matter became more serious in 2006, when the Allahabad High Court overturned a portion of the AMU (Amendment) Act, 1981. The previous Congress-led United Progressive Alliance (UPA) administration responded by filing an appeal against the 2006 order. The Aligarh Muslim University has also filed a petition over the situation.
However, when the Bharatiya Janata Party-led National Democratic Alliance took power, it informed the Supreme Court in 2016 that it would drop the previous government’s petition.
In 2019, the Supreme Court remanded the matter to a seven-member panel.
The court expressed surprise in January of this year at the Centre’s unwillingness to acknowledge the 1981 Parliament amendment. Noting that Parliament is a “eternal, indestructible body” within the Indian Union, CJI Chandrachud stated that the Centre must uphold what Parliament has done.
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