Context:

Context: A seven-judge Bench of the Supreme Court started hearing the matter of Aligarh Muslim University’s minority character. 

• The dispute dates back almost 57 years and has been adjudicated upon multiple times by different courts.

Aligarh Muslim University’s Minority Character: Constitutional Debates and the 2016 Controversy

• The questions of law that are being argued in this case are:
  • Whether an educational institution can be granted minority status under Article 30 of the Indian Constitution?
  • Whether a centrally-funded university established by parliamentary statute can be designated as a minority institution?
• The Supreme Court is yet to pronounce its verdict on the minority character status. .
• Defending 2016 Decision: The government justified its 2016 decision to withdraw the appeal against the Allahabad High Court’s 2006 ruling on the minority status of Aligarh Muslim University, citing factual and constitutional considerations as the basis for the decision.

Significance of Article 30(1) in Defining ‘Minority Character’ in Educational Institutions

• Article 30(1) of the Constitution empowers all religious and linguistic minorities to establish and administer educational institutions. 
• This provision reinforces the Union government’s commitment to foster the growth and development of minority communities by guaranteeing that it will not discriminate in giving aid based on their being ‘minority’ institutions.

Aligarh Muslim University (AMU): A Historical Journey from MAO College to Constitutional Challenges

• Establishment: Aligarh Muslim University was established in 1875 as the Muhammadan Anglo-Oriental (MAO) College 1875 by Sir Syed Ahmad Khan. 
• In 1920, the British government in India passed the Aligarh Muslim University (AMU) Act, 1920  a central legislation which enabled MOA and a few other colleges to be affiliated with it.
• Amendments to the Act: The central government passed two amendments to the law in 1951 and 1965. The amendment changed the structure of the university’s governing body and gave powers to the president of India to nominate its members. 
  • These amendments were challenged in the Supreme Court by an individual named Azeez Basha.

Aligarh Muslim University (AMU): A Timeline of Minority Status Disputes

• S Azeez Basha versus Union of India case in 1967: A five-judge bench of the apex court upheld the amendments and ruled that the AMU was not a minority institution as there was central legislation governing the same. 
  • The court held that AMU was neither established nor administered by the Muslim minority and that the protection of minority institutions under Article 30 of the constitution of India does not apply to the university.
• Amendments Restoring Minority Status: In 1981, the government brought in a law that restored the minority status of the university, thereby permitting it to make reservations for the Muslim community in India. 
  • Under the 1981 amendment, the word ‘University’ in the 1920 Act was defined as an “educational institution of their choice established by the Muslims of India, which originated as the Mohammedan Anglo-Oriental College, Aligarh.” 
  • The Act was further amended stating that the university shall have the power to promote the educational and cultural advancement of India’s Muslims.
• Challenge of Minority Status: In 2005, the minority status of the institution was challenged in the Allahabad High Court by the government, after it reserved 50 percent of postgraduate seats to Muslim minorities. 
  • The Allahabad HC ruled against its minority status.
• Withdrawal of Appeal: In 2016, the government withdrew from the appeal, arguing that it does not recognize the minority status of the university.
• In 2019, the issue was referred to a seven-judge bench, initiating hearings on 9 Jan 2023.

Championing Minority Identity: Arguments Upholding Aligarh Muslim University’s minority Character Status

• Status Quo Order of 1981 Amendment: Aligarh Muslim University continues to be a minority institution due to the status quo order on the 1981 amendment.
• Minority Administered Institution: All vice-chancellors of Aligarh Muslim University since its inception have been Muslims and the minority community de facto administers it.
  • Merely because the state has a say in administration, it does not take away the minority character of the varsity, which Muslims established for the educational uplift of Muslims.
  • The role of the state in administration does not diminish the minority identity of the university, which Muslims founded to advance the educational well-being of the Muslim community.
• Women’s Education: The minority status is significant for women’s education as a change in the status may hinder the higher education of Muslim women as a Muslim community, particularly women, opts for Aligarh Muslim University due to its minority status. 
  • The minority status of Aligarh Muslim University and the education of Muslim women have been closely intertwined.
• Sachar Committee Report: The Report establishes the extent of educational deprivation experienced by the Muslim community. 
  • Muslims are at a double disadvantage with low levels of education combined with low-quality education.

Arguments Against minority Character Status of Aligarh Muslim University:

• Institute of National Character: According to the government, Aligarh Muslim University is given a special status by including it in the Constitution of India, which is deemed an “institution of national importance.” 
  • The Constitution does not treat it as a minority institution and the institution has consistently maintained its stature as a nationally significant entity. 
  • Unlike its name suggests, it is not a university dominantly functioning as a Muslim university as it is not established and administered by the minority.
• Reservation for Backward Classes: It is ranked 9th across universities and autonomous institutions in India by the Ministry of Education’s National Institutional Ranking Framework (NIRF) in 2023. 
  • Hence, if declared a minority institution it will not be required to implement the reservation policy under Section 3 of the Central Educational Institute (Reservation in Admission) Act, 2006 (as amended in 2012).
  • Section 3 of the act mandates reserving  seats for Scheduled Castes, Scheduled Tribes, other backward classes (OBC), and economically weaker sections (EWS).
• Listed Under Union List: The Aligarh Muslim University and Banaras Hindu University have been placed in the Union List in the Seventh Schedule of the Indian Constitution. Any institution mentioned in the Union list can never be a minority institution.
• T.M.A Pai Foundation v State of Karnataka: In this case, the SC held that the minority institutions may have distinct admission processes that are fair, transparent, and based on merit. 

Observations of Supreme Court in the Current Hearing of Minority Character of Aligarh Muslim University:

• Ghettoisation of Minorities, not the Objective: The Supreme Court asserted that the right granted to religious and linguistic minorities under Article 30 (1) of the Constitution to establish and administer their educational institutions was not intended to isolate them.
• Non Minority Governing Council: The court questioned why Aligarh Muslim University (AMU) was considered a minority institution as only 37 Muslim members are in the 180-member governing council.
• Minority status Independent of Administrators: The panel addressed a reference concerning the minority status of Aligarh Muslim University and that the minority character of an educational institution is not lost even if its founders choose administrators from a majority group.

Conclusion: Lack of education among the minorities section, especially muslims is  a reason for their backwardness. Thus, there is a need to balance the rights of minorities and the educational rights of other backward Sections.

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