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/