Minority
educational institution - polity
NEWS: The
Supreme Court ruled that an educational institution established by a minority
community retains its minority identity even if recognized by a statute.
- The
decision came in a 4:3 majority judgment by a seven-judge Bench led by
Chief Justice D.Y. Chandrachud.
WHAT’S IN THE NEWS?
Judgement's Basis and Minority Status of
AMU
- Chief
Justice Chandrachud authored the majority judgment, responding to
petitions about the minority status of Aligarh Muslim University (AMU).
- The
court confirmed that an institution set up by a minority community is
indeed a minority educational institution, but the community must prove
the institution was established to preserve its cultural heritage.
Differing Opinions on the Bench
- Justices
Surya Kant, Dipankar Datta, and S.C. Sharma presented dissenting opinions.
- Justice
Datta, in his dissent, noted a lack of meaningful consultation among the
seven judges, with limited dialogue due to workload pressures.
What
Did the 1967 Azeez Basha Case Say (Background)?
- In
1967, the Supreme Court had ruled that AMU (founded in
1875 and incorporated by imperial law in 1920) was not a minority
institution.
- The
court argued that AMU, despite being established by Muslims, was a statutory
institution (meaning it was created by a law of Parliament) and
therefore could not be classified as an institution established and
administered by a religious minority.
Overruling the 1967 Azeez Basha Case
- The
court overturned the 1967 Azeez Basha v. Union of India judgment, which
held that AMU, being a Central university, could not be considered a
minority institution.
- The
decision challenged the precedent that religious minorities lacked the
right to administer institutions they did not establish.
Reference to Article 30(1) of the
Constitution
- Article
30(1) grants religious and linguistic minorities the right to establish
and administer educational institutions.
- Chief
Justice Chandrachud described Article 30 as both an anti-discriminatory
and "special rights" provision, ensuring autonomy and protection
for minority educational institutions.
- According
to Section 2(g) of the National Commission for
Minority Education Institution Act, a minority institution means a
college or institution (other than a university) established or maintained
by a person or group of person from amongst the minority.
Legislative and Judicial History of AMU’s
Minority Status
- AMU,
established in 1875, regained minority status through the AMU (Amendment)
Act of 1981.
- However,
in 2006, the Allahabad High Court invalidated AMU’s minority status. This
issue was referred to a seven-judge Supreme Court Bench in 2019.
Petitioners' Concerns and Broader
Implications
- Petitioners
argued that upholding Azeez Basha could jeopardize the minority status of
institutions like St. Stephen’s College, Delhi, and Christian Medical
College, Vellore.
- The
recent ruling extends Article 30 protections to secular education,
ensuring that legislative or executive actions do not infringe on minority
rights.
Justice Datta's Concerns on Consultative
Process
- Justice
Datta expressed disappointment over the rushed nature of the consultative
process among the judges.
- He
highlighted the need for dialogue, idea exchange, and consensus-building,
which were compromised due to time constraints and judicial workload.
- Justice
Datta expressed regret over limited time to articulate his views fully,
striving to circulate his opinion by November 6, 2024, as committed to the
CJI.
- He
acknowledged that his opinion could have been more refined with adequate
time for expression.
Source: https://indianexpress.com/article/explained/explained-law/what-supreme-court-ruled-in-amu-minority-status-case-9660677/lite/