Recently, the Supreme Court’s 7-judge bench, by a 4:3 majority, overruled the 1967 S. Azeez Basha judgement and left the issue of Aligarh Muslim University’s minority status under Article 30 to be decided by a regular bench.

Timeline of the AMU Dispute

• Establishment and Importance of AMU:
  • Founded in 1877 by Sir Syed Ahmad Khan as the Muhammadan Anglo-Oriental College, later becoming AMU.
  • Aimed at promoting education and cultural enrichment among Muslims in India.
• The 1967 S. Azeez Basha Case:
  • Supreme Court ruled that AMU, being incorporated by a statute, could not claim to be a minority institution.
  • Held that minority status requires both establishment and administration by the minority community.
• The 1981 AMU Act Amendment:
  • The Union government amended the AMU Act to grant it minority status.
• The 2006 Allahabad High Court Ruling:
  • Struck down the 1981 amendment, declaring AMU was not a minority institution.
  • Declared the amendment illegal, reinforcing the earlier interpretation of minority status.
• The 2024 Supreme Court Judgement:
  • Overruled the 1967 S. Azeez Basha judgement.
  • Recognized that an institution incorporated by a statute could still claim minority status.
  • Minority institutions, even if not fully governed by the minority community, can be recognized as “institutions of national importance,” highlighting minorities as integral to the nation.
  • The judgement adopts a liberal stance on minority rights, prioritising the intent of minority communities to establish and administer institutions.
  • Marked a significant shift in legal interpretation, reaffirming AMU’s minority status.

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Key Insights on Judicial Consensus and Dissent of the AMU 2024 Judgement

• Split Verdict but Broad Agreement:
  • The final ruling on the 1981 reference was split 4:3, while the 2019 reference was decided 6:1 in favour of validating the reference made by the bench led by former Chief Justice D.Y. Chandrachud.
  • All judges, including dissenters, broadly agreed on a flexible and holistic approach to determining an institution’s minority character, emphasising intent to establish and administer as key criteria.
• Nuanced Dissent:
  • What seemed like dissent was, in fact, alignment on key interpretations of Article 30 of the Constitution, which protects minority institutions.
  • Justice Dipankar Datta concurred with the two dissenting judges on several points but differed on specific aspects.
  • The dissenters emphasised the significance of the AMU Act but acknowledged that statutes alone cannot decide an institution’s minority status.
• Evolution of Constitutional Jurisprudence:
  • The ruling highlighted the Supreme Court’s role in revising outdated judgments, ensuring the Constitution evolves with contemporary realities.
  • Examples include overruling A.K. Gopalan (1950) in Maneka Gandhi (1978) and M.P. Sharma (1954) in K.S. Puttaswamy (2017).
• Right to administer:
  • Justice D.Y. Chandrachud emphasised that the “right to administer” is a consequence of establishing an institution, not a pre-condition. 
  • This aligns with the Basha (1967) judgement, which held that a minority institution, once established, gains the right to administer it.
• Judicial Discipline vs. Administrative Rights
  • Dissenting judges highlighted judicial discipline but noted limitations in expanding administrative rights beyond the 2002 T.M.A. Pai ruling, which limits rights to areas like student selection, fee setting, and staff management.
  • The Xavier’s (1974) case confirmed that minorities cannot bypass legal norms under the guise of exclusive management rights
  • Article 30 focuses on choice, applying to both establishment and administration of institutions.
• Focus on the Incorporating Act in Dissent
  • Dissenting judges emphasised the incorporating Act’s role in governance, but past rulings like Xaviers (1974) clarified that statutes can’t strip fundamental rights of minority institutions.
  • The Chief Justice noted that simply mentioning a founder in a statute does not affect the institution’s minority status.
• Governmental Control and Its Impact
  • Applying the “overriding governmental control” test to other institutions would show they face more government control than AMU, including powers to dissolve minority universities.
  • Courts allow regulation of minority institutions to ensure efficiency and standards, but these controls shouldn’t affect their minority status.
• Regulation in the Interest of Non-Minorities
  • Government control is mainly aimed at protecting non-minority students and ensuring fair administration.
  • Such regulations don’t undermine the minority status but help the institution operate fairly and efficiently for all students.

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Conclusion

By overturning the 1967 Azeez Basha judgement, the Court has paved the way for AMU to potentially reclaim its minority status. The final decision will have far-reaching implications for minority educational rights and set a precedent for similar institutions across India.

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Despite being the world’s largest democracy, India lacks a globally recognized public policy institution. 

• Countries like the U.S. and the UK have prestigious schools such as Harvard Kennedy School and LSE.

Public Policy Institutions and their Role

• Public policy institutions are organisations that formulate, implement, and evaluate government policies. 
• They include think tanks, research bodies, government departments, and advisory boards. 
• These institutions analyse societal issues, provide evidence-based recommendations, and help design policies to address public concerns.

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Key Challenges in Establishing a World-Class Public Policy Institution in India

• Centralization of Power: In India, decision-making is heavily centralised in the executive leaving limited room for policy commentators, academics, and civil society groups to influence policy. 
  • This contrasts with countries like the U.S., where the decentralised legislative process allows think tanks and policy schools to have a more significant impact.
• Limited Legislative Oversight: The role of the Indian legislature in overseeing the executive is limited, reducing opportunities for policy discourse and analysis to influence decision-making.
  • In more institutionalised democracies the legislature plays a key role in shaping policy.
• Political Control and Regime Instability: In India, influence on decision-making is often tied to the political leadership of the ruling party.
  • When a regime changes, those who were influential under the previous government can be sidelined, creating instability in the policy ecosystem.
  • This fragility contrasts with the more stable influence of think tanks and civil society groups in Western democracies.
• Disconnect Between Politics and Policy: India’s political system is less formalised, leading to a disconnect between politics and policy. 
  • This undermines the role of policy professionals who, in other countries, might have more direct access to decision-making processes.
• Lack of Non-Partisan Space: Political legitimacy and influence in India are often based on proximity to power, leading to sycophancy and instability. 

Way Forward

To establish a world-class public policy institution in India, the following steps are essential:

• Curriculum Focused on India’s Political Realities: The curriculum should address India’s unique political environment, including informal networks, caste hierarchies, and grassroots movements.
  • It should teach balancing idealism with pragmatism.
• Empathy and Nation-Building: The institution should prioritise empathy, selecting students who care about the lived realities of India’s citizens. 
  • The aim is to train leaders who understand local challenges and create policies that benefit people, rather than imposing top-down solutions.
• Non-Partisan, Politically Aware Space: The school should foster a non-partisan environment where influence is based on the quality of policy interventions, not proximity to political power. 
  • Building partnerships across sectors—political, academic, civil society, and media—will ensure the institution remains relevant despite regime changes.
• Institutional Partnerships and Collaboration: Collaborations with think tanks, media, and civil society will enrich the curriculum and the impact of the institution. 
  • These partnerships will create a strong policy ecosystem, connecting students with diverse perspectives and real-world policy-making.
• Policy Innovation: Encouraging creative problem-solving for India’s unique challenges will position the institution as a hub for policy innovation.
  • It should focus on research and solution-driven approaches for effective implementation across India’s diverse regions.
• Long-Term Impact and Sustainability: The school must ensure long-term engagement, fostering an alumni network that continues to influence policy. 
  • This will help build a stable, high-quality policy ecosystem and maintain relevance across changing political landscapes.

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Conclusion

By providing a platform for informed, empathetic, and non-partisan policy-making, India can build a robust policy ecosystem capable of addressing its development challenges and influencing global governance.

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Birsa Munda Jayanti, also known as Janjatiya Gaurav Divas or Tribal Pride Day, is celebrated every year on November 15 to honour the legacy of Birsa Munda.

More about Birsa Munda

• He was also, revered as “Bhagwan” by his followers.
• He was a legendary tribal leader known for his fight against the oppression of indigenous communities during British colonial rule. 
• Recognized as a healer, and miracle worker, a series of incidents made people believe that god had gifted him with a healing touch.
• He earned the title “Dharti Aaba” (Father of the Earth) for his efforts to safeguard tribal lands and protect the social and economic rights of his people. 
• He spearheaded a movement against exploitative landlords and the British authorities.
• Birsa Munda led the “Ulgulan” (Great Tumult) movement starting in 1895. 
  • This movement was much more than a rebellion and was a fight for both justice and cultural identity.

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Birsa Munda’s vision

• Strongly advocated for tribal autonomy, emphasizing control over their lands and resources to resist colonial exploitation.
• Firmly upheld justice, cultural preservation, and self-reliance as core principles in his fight against British oppression.
• Deeply valued tribal customs and social traditions, considering them integral to community identity.
• Aligned with Gandhian ideals, his struggle was rooted in an unwavering commitment to truth and justice.

Legacy of Birsa Munda

• His legacy inspires movements for tribal rights and autonomy.
• His life was a saga of courage and sacrifice. He fought not only for tribal rights but also against British colonial exploitation. 
• His ideals of freedom, justice, and identity resonate with the aspirations of every Indian youth.
• His struggles are a vital chapter in India’s rich history of revolutionary movements, especially among tribal communities.

Role of Tribal Communities in Nation-Building and Inclusive Development

• The sacrifices and struggles of tribal communities form an integral part of India’s history, showcasing their role in resisting oppression and preserving cultural identity. 
• Their participation in the national freedom movement highlights India’s tradition of inclusivity.
• Tribals have always been integral to the nation’s identity, making significant contributions to India’s socio-cultural heritage.

Recognizing Tribal Heroes

• The declaration of November 15 as “Janjatiya Gaurav Divas” marks an important step in recognizing the sacrifices of tribal freedom fighters like Birsa Munda.
•  Events like “Azadi ka Amrit Mahotsav” celebrate unsung heroes and instil pride among the youth about India’s cultural and revolutionary heritage.

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Recent Government Initiatives for Tribal Development

To honour tribal communities and their contributions, a series of initiatives have been launched:

1. Dharti Aaba Janjatiya Gram Utkarsh Abhiyan: Enhancing social infrastructure in 63,000 tribal villages.
2. PM-JANMAN (Pradhan Mantri Janjati Adivasi Nyaya Maha Abhiyan): Focusing on 11 key interventions for effective welfare measures.
3. Janjatiya Darpan Gallery: Showcasing tribal art and culture at Rashtrapati Bhavan.
4. Outreach to Particularly Vulnerable Tribal Groups (PVTGs): Interactions with representatives of PVTGs reflect an inclusive development approach. Addressing their unique challenges and integrating their perspectives in policy is a priority.

Conclusion

Birsa Munda’s life and ideals remain a beacon of inspiration for all. His fight for tribal rights, cultural identity, and ecological balance aligns with the aspirations of modern India. Recognizing the contributions of tribal communities and fostering their development is not only a tribute to their legacy but also a step toward building a more inclusive and equitable society.

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