Aligarh Muslim University Minority Status SC overrules 1967 verdict on Aligarh Muslim University minority status

New Delhi : The Supreme Court pronounced the verdict on whether Aligarh Muslim University (AMU) holds minority status under Article 30 of the Indian Constitution, which grants religious and linguistic minorities the right to establish and administer educational institutions. SC overruled Basha judgment which said an educational institution can claim ‘minority tag’ only if established and managed by a minority community and said a regular bench will decide whether AMU is a minority institution based on the indicia laid down by the 7-J bench.

The case centers on the 1981 amendment to the AMU Act, which granted minority status but was seen as incomplete. AMU, originally founded in 1875, became a central university in 1920. Critics argue that its government funding disqualifies it from minority status, while supporters contend it retains its character. The decision will resolve decades of legal challenges regarding AMU’s constitutional status.

15:53 (IST) Nov 08

SC verdict on AMU: Comprehensive win for minority rights, says AMU fraternity on SC ruling

The Aligarh Muslim University community expressed satisfaction on Friday regarding the Supreme Court’s decision about the institution’s minority status, affirming it aligns with the core principles that led to the university’s establishment. “It is a comprehensive win for minority rights in general and AMU in particular,” professor Faizan Mustafa, an authority on constitutional law and former AMU registrar who had presented this case to the Supreme Court in his ex-officio capacity, was quoted as saying by news agency PTI.

On Friday, the Supreme Court assigned the matter of Aligarh Muslim University’s (AMU) minority status to a fresh bench whilst invalidating the 1967 verdict which had determined that the university’s establishment through central legislation prevented it from being classified as a minority institution.

14:16 (IST) Nov 08

SC verdict on AMU: Congress leader Shama Mohammad on the Supreme Court verdict

“They wanted to take away the minority status of AMU. Even in that the SC said it has to go to a different bench. Till then, AMU will have the minority status. These are things which the BJP brings when there is an election and the SC is replying to them. This shows there is justice and democracy in this country,” she said.

13:52 (IST) Nov 08

AMU, Professor Mohd. Aasim Siddiqui, Member Incharge, PRO Department, AMU says , ‘We welcome and accept this judgement’

The apex court by 4:3 majority verdict said the issue of AMU minority status to be decided by a regular three-judge bench. The bench said that in order to determine whether an institution is a minority institution, what needs to be looked at is who established the institution. Following the verdict, Aligarh Muslim University staff welcomed the decision and stressed to act on the further course of action.

13:32 (IST) Nov 08

SC verdict on AMU: Student celebrates verdict

“We welcome the SC decision… We celebrated and we are very happy with it,” said the student

SC verdict on AMU: AMU Vice Chancellor Prof. Naima Khatoon honours the verdict

“Everybody honours the Supreme Court judgment; we also respect it. We will just wait. We will discuss with our legal experts and then examine the matter. I am not in a position to say anything right now,” she said.

13:10 (IST) Nov 08

SC verdict on AMU: General Secy and spokespersons of All India Shia Personal Law welcomes verdict

“I welcome this verdict because it is hoped that the 3-judges bench of Supreme Court will give a favourable judgement to continue the minority status of Aligarh Muslim University,” he said.

12:56 (IST) Nov 08

SC verdict on AMU: Lawyer & petitioner Azam Mir speaks on SC verdict

” The court 4:3 held that the 1963 judgement which held that AMU is not a minority institution was incorrect and it is overruled. It has set parameters for what is required for an institution to be established by a minority,” said the petitioner.

12:41 (IST) Nov 08

SC verdict on AMU: Senior advocate MR Shamshad on on the Supreme Court judgment regarding Aligarh Muslim University

MR Shamshad said, “Aligarh Muslim University was established by minority and administered by minority – that’s what was contended and that has been the case of AMU since the beginning. The 1967 judgment stated that if Parliament has passed a legislation, then the word established will be treated as if it has been established by Parliament and not by minority. That view has been overruled by the five judges. Now, in terms of this judgment, the regular bench will decide the matter. The main issue is whether it was established by minority or it has been administered by minority. If it is established by minority then the matter ends. Obviously, in this process, the court will examine whether it has been administered or not. Now, this issue will have to be argued before the regular bench and the regular bench will decide this matter.”

AMU hearing live: Aligarh Muslim University, Professor Aftab Ahmad says will decide next action after reading SC verdict

Professor Aftab said, “SC majority judgement has not said anything about the minority status. So it will remain as a minority institution. We will read the judgement and decide the next course of action.”

12:19 (IST) Nov 08

AMU hearing live: Omar Saleem Peerzada (PRO-AMU) on Supreme Court verdict

“AMU honours the decision of the SC… For now, we are dedicated to maintaining academic actions, nation-building, and inclusivity,” said the PRO.

12:13 (IST) Nov 08

AMU hearing live: Justice S C Sharma says opinion neither concurring nor dissenting

Justice S C Sharma said his opinion is neither concurring nor dissenting with the majority opinion authored by CJI Chandrachud. However, he agreed with dissents that the 2-J bench could not have referred the case directly to a 7-J bench.

12:04 (IST) Nov 08

AMU hearing live: Justice Datta goes against CJI opinion, rules AMU is not a minority institution

Justice Datta asked can a 2-J bench tomorrow doubt ‘basic structure doctrine’ propounded in Kesavananda Bharati case and refer it to 15-J bench directly? The majority opinion will set a very dangerous opinion, he said and ruled that AMU is not a minority institution.

AMU hearing live: Constitution does not permit preferential treatment

Justice Sharma said Constitution does not permit any preferential treatment to minority institutions vis-a-vis other institutions. What is needed is bringing minority educational institutions on par with other institutions.

11:47 (IST) Nov 08

AMU hearing live: Justice Dipankar Datta differs with CJI opinion

Justice Dipankar Datta fundamentally differed with CJI’s majority opinion which validated AMU reference by a 2-J bench directly to a 7-J bench after doubting the 5-J bench verdict in Aziz Basha.

11:44 (IST) Nov 08

AMU hearing live: Case papers to be placed for fresh bench

SC says case papers be placed before CJI for setting up fresh bench to decide validity of 2006 Allahabad HC verdict.

11:36 (IST) Nov 08

AMU hearing live: SC majority verdict says issue of AMU’s minority status must be decided on basis of tests laid down by apex court

SC majority verdict said that issue of AMU’s minority status must be decided on basis of tests laid down by apex court.

Additionally, in January 2006, Allahabad HC had struck down provision of 1981 law by which AMU was accorded minority status.

AMU hearing live: Justice Kant criticises manner in which the case was referred by a 3-J bench

Justice Kant strongly criticised the manner in which the case was referred by a 3-J bench to present 7-J bench and termed it as a judicial impropriety on the part of the smaller bench and also on part of the then CJI in accepting the request.

11:24 (IST) Nov 08

AMU hearing live: Justice Surya Kant says no need to reopen inquiry into character of AMU

Justice Surya Kant said the five-judge bench of SC in Aziz Basha case had correctly decided that AMU was not a minority institution, which has attained finality, and that there is no need to reopen the inquiry into the character of AMU.

11:19 (IST) Nov 08

AMU hearing live: CJI leads majority verdict

Majority opinion was by CJI D Y Chandrachud, for himself and Justices Sanjiv Khanna, J B Pardiwala and Manoj Misra. Separate dissenting opinions were rendered by Justices Surya Kant, Dipankar Datta and S C Sharma.

11:14 (IST) Nov 08

AMU hearing live: SC overrules 1967 Basha judgment

SC overruled the Basha judgment which said an educational institution can claim ‘minority tag’ only if established and managed by a minority community. SC said a regular bench will decide whether AMU is a minority institution based on the indicia laid down by the 7-J bench.

AMU hearing live: SC lays down indicia for determining whether an educational institution is a minority institution

SC’s 7-Judge bench by 4 to 3 majority verdict laid down indicia for determining whether an educational institution is a minority institution but did not answer whether Aligarh Muslim University is a minority educational institution. It overruled 1967 judgment in Aziz Basha.

11:09 (IST) Nov 08

AMU hearing live: ‘Not necessary that minority can only be implemented if the persons of the minority administer the institution,’ says CJI Chandrachud

The CJI said that it is not necessary that the purpose of minority can only be implemented if the people of the minority administer the institution.

11:05 (IST) Nov 08

AMU hearing live: CJI says there are four separate judgement

Four judges out the the seven-judge bench have given majority verdict, while three judges pass dissent judgement, said the chief justice.

10:58 (IST) Nov 08

AMU hearing live: Seven-judge Constitution bench headed by CJI D Y Chandrachud assembles to pronounce verdict

Chief Justice of India DY Chandrachud heading the 7-judge bench says there are four judgements in the case. Four judges give majority verdict, while three judges pass dissent judgement.

10:48 (IST) Nov 08

AMU Hearing Live: AMU’s financial ties to the government

Critics claim AMU received over Rs 5,000 crore in central funding between 2019 and 2023, much more than other central universities like the University of Delhi, suggesting the institution serves national, not minority, interests.

10:35 (IST) Nov 08

AMU Hearing Live: Aligarh BJP MP Satish Gautam speaks ahead of SC verdict

BJP MP from Aligarh, Satish Gautam said, “AMU case is under consideration in the SC. Even in the Lok Sabha, I have raised the issue of reservation in favour of SC, ST, and OBCs at least 10 times. We have faith in the SC verdict… All central universities follow the rules of reservation but the same is not the case with AMU.”

10:21 (IST) Nov 08

AMU Hearing Live: Arguments against AMU’s minority status

Opponents, including Solicitor General Tushar Mehta, argue that AMU’s significant central government funding and its national importance status disqualify it from claiming minority status.

10:12 (IST) Nov 08

AMU Hearing Live: Arguments supporting AMU’s minority status

Proponents, including lawyer Kapil Sibal, argue that the composition of AMU’s governing council, with 37 Muslim members out of 180, still qualifies it as a Muslim minority institution, emphasising the application of Article 30 of the Constitution.

10:00 (IST) Nov 08

AMU Hearing Live: BJP government’s stance on AMU’s status

The BJP-led NDA government opposes the 1981 amendment, referencing the 1967 Supreme Court verdict in the S Azeez Basha case, which ruled that AMU, as a central university, cannot be considered a minority institution.

10:00 (IST) Nov 08

AMU Hearing Live: AMU Act amendments at the center

The 1920 AMU Act established the university, and the 1951 amendment removed the requirement for religious instruction. The 1981 amendment, granting minority status to AMU, has been criticised by the court as “half-hearted” in restoring the pre-1951 status.

09:59 (IST) Nov 08

AMU Hearing Live: Court judgment reserved in February after days of hearings

On February 1, the bench reserved its judgment after hearing arguments for eight days on the issue of AMU’s minority status, particularly concerning the 1981 amendment to the AMU Act.

09:59 (IST) Nov 08

AMU Hearing Live: Constitution bench composition for the verdict

The verdict will be pronounced by a seven-judge constitution bench, headed by Chief Justice D Y Chandrachud, along with Justices Sanjiv Khanna, Surya Kant, J B Pardiwala, Dipankar Datta, Manoj Misra, and Satish Chandra Sharma.

:58 (IST) Nov 08

AMU Hearing Live: Supreme Court to announce verdict on AMU’s minority status

The Supreme Court is expected to announce its verdict soon regarding whether Aligarh Muslim University (AMU) will enjoy minority status under Article 30 of the Constitution.

The Supreme Court pronounced the verdict on whether Aligarh Muslim University (AMU) holds minority status under Article 30 of the Indian Constitution, which grants religious and linguistic minorities the right to establish and administer educational institutions. CJI DY Chandrachud heading the 7-judge bench said there are four judgements in the case. Four judges give majority verdict, while three judges pass dissent judgement. SC overruled Basha judgment which said an educational institution can claim ‘minority tag’ only if established and managed by a minority community. SC said a regular bench will decide whether AMU is a minority institution based on the indicia laid down by the 7-J bench.

The case centers around the 1981 amendment to the AMU Act, which attempted to accord the university minority status but was criticized for not fully restoring its pre-1951 status. The legal debate dates back to the university’s foundation in 1875 as the Muhammadan Anglo-Oriental College and its transformation into a university in 1920.

The 1951 amendment removed compulsory religious instruction, and in 1967, the Supreme Court ruled in the S. Azeez Basha case that AMU, as a central university, could not be considered a minority institution. Supporters of AMU’s minority status argue that it retains its character despite receiving government funding, while opponents contend that its status as a central university and significant financial support from the government disqualifies it from minority status.

The matter has been under legal scrutiny for decades, with multiple challenges and appeals, including against the Allahabad High Court’s 2006 verdict that struck down the 1981 amendment. Stay with us for latest updates: