The Supreme Court of India, in a landmark judgment on Friday, recognized Aligarh Muslim University (AMU) as a minority institution under Article 30 of the Constitution, marking a pivotal moment in a legal battle that has spanned decades. In a closely split 4:3 verdict, the seven-judge bench, led by Chief Justice DY Chandrachud, ruled in favor of AMU’s minority status, concluding a long-standing debate on the university’s unique character.
The court’s judgment held that to be classified as a minority institution, an establishment must be founded by a minority group, though it does not need to be exclusively administered by minority members. “A minority institution must be established and administered by a minority,” Chief Justice Chandrachud noted, adding that some minority institutions might prioritize secular education and, thus, might not require minority members in management.
The verdict also directed a three-judge bench to assess AMU’s minority status, applying the principles outlined in Friday’s ruling. This decision has brought clarity to a protracted dispute rooted in legislative and judicial challenges dating back to the early 20th century.
Founded in 1875 by Sir Syed Ahmed Khan as the Muhammadan Anglo-Oriental College, AMU became a university in 1920 under British rule. However, a 1951 amendment to the AMU Act removed mandatory religious instruction for Muslim students, altering its operational framework. In 1981, an amendment restored AMU’s minority status, but the Allahabad High Court later struck down this provision, arguing that AMU, as a centrally funded institution, could not claim minority character.
The case has drawn wide-ranging opinions. Supporters, including senior advocate Kapil Sibal, argued that AMU’s minority status should not be invalidated due to limited Muslim representation on its governing council. Conversely, Solicitor General Tushar Mehta contended that institutions receiving significant government funding and declared as national assets should not identify with a particular religious group. Critics pointed out that between 2019 and 2023, AMU received over Rs 5,000 crore in government funds, more than double that of the University of Delhi.
Reflecting on the ruling, AMU Vice Chancellor Mohammad Gulrez expressed relief and satisfaction, emphasizing the university’s commitment to academic excellence and inclusivity. “This judgment honors our founding legacy while allowing us to continue contributing to the nation’s educational landscape,” he said.
The Supreme Court’s decision also rebukes a 1967 judgment in S Azeez Basha vs Union of India, which had denied AMU minority status. The verdict’s dissenters, however, maintained that AMU’s minority claim contradicts its designation as a central university.
AMU’s legal journey remains emblematic of India’s complex relationship with minority rights and educational policy.
