Why in News?

Without determining whether Aligarh Muslim University (AMU) is a minority institution or not, a 7-judge bench of the Supreme Court overruled by a 4:3 majority a 1967 judgment by a 5-judge bench in Azeez Basha case.

The majority opinion laid down elaborate parameters for testing the minority character of an institution and tasked a regular bench to adjudicate the 57-year-old controversy based on the parameters.

What’s in Today’s Article?

• Background of the AMU Minority Status Case
• Constitutional Protections and Benefits of MEIs
• SC’s Criteria for Determining MEI Status
• Two-Fold Test to Establish Minority Status
• Implications of SC Determining MEI Status Test
• Conclusion

Background of the AMU Minority Status Case:

• AMU’s transformation from MAO college (1920)
  • The Muhammadan Anglo-Oriental (MAO) college, established in 1877, was converted to AMU in 1920 by a central legislature Act.
  • The government argued this conversion changed its minority status, which became a pivotal issue in later legal debates.
• Azeez Basha case (1967): The SC held that AMU was not established by the Muslim community but by a central legislature Act in 1920, disqualifying it as a minority institution under Article 30 of the Constitution.
• Government amendments and legal developments (1981-2006):
  • 1981: An amendment to the AMU Act declared AMU was created by the Muslim community for their educational advancement.
  • 2005: AMU introduced 50% reservation for Muslims in postgraduate medical courses.
  • 2006: The Allahabad HC ruled against AMU’s minority status, annulling the 1981 amendment and the 50% reservation policy.
• SC referral (2019): The issue was brought before the Supreme Court, and in 2019, it was referred to a seven-judge Bench.

Constitutional Protections and Benefits of MEIs:

• Article 30: Under Article 30(1), minorities have the right to establish and administer educational institutions.
• Article 15(5): MEIs are granted special privileges, such as control over admissions and staff hiring, and exemption from reservations for SCs and STs under this provision.
• Benefits of minority status: Minority institutions can reserve up to 50% seats for minority students and enjoy autonomy in administration, fostering cultural and linguistic diversity.

SC’s Criteria for Determining MEI Status:

• The SC identified the following:
  • The institution’s purpose should primarily aim to conserve minority language and culture.
  • Minority institutions may admit non-minority students without losing their minority status.
  • Secular education does not undermine minority character.
  • Government-aided institutions cannot compel religious instruction; those fully state-funded cannot offer it.
• Test for determining minority character: The SC devised a two-step test to identify whether an institution holds a minority character.

Two-Fold Test to Establish Minority Status:

• Establishment:
  • Courts must investigate the origin and purpose of an institution's establishment, identifying community involvement in its formation.
  • Proof of establishment includes letters, funding records, and communications affirming that the institution’s aim was predominantly for the minority community’s benefit.
• Administration:
  • MEIs are not obligated to appoint only minority members to administrative roles. However, administrative setup should reflect minority interests.
  • For pre-1950 institutions, courts must review whether the administration affirmed the minority’s interest on the Constitution’s commencement date.

Implications of SC Determining MEI Status Test:

• Administrative autonomy affirmed: This is seen as a significant development for institutions like St Stephen’s College, which is currently in a dispute with Delhi University (DU) over its principal’s reappointment process.
• Reignites minority status debate:
  • The ongoing legal questions surrounding Jamia Millia Islamia's (JMI) minority status are closely connected to the AMU case.
  • According to JMI’s standing counsel, the SC’s decision on AMU’s minority status will likely affect JMI’s case as both involve similar legal principles about institutions created by legislative acts.

Conclusion:

• The SC’s verdict brings AMU closer to securing its minority status by clarifying criteria for minority character under Article 30. However, the final determination of AMU’s status awaits further review.
• This landmark judgment sets a precedent for MEIs, preserving minority rights in India’s educational framework while ensuring alignment with constitutional provisions.