New Delhi, November 8, 2024: In a landmark ruling, the Supreme Court has reversed the 1967 Aziz Basha v. Union of India judgment, paving way for Aligarh Muslim University’s (AMU) minority status. The majority of seven-member bench, led by Chief Justice of India D.Y. Chandrachud, declared that an institution’s minority character cannot be disregarded solely because it was established through a central act of Parliament. Chief Justice Chandrachud emphasized that Article 30, which guarantees the rights of minorities to establish and administer educational institutions, applies to institutions founded both before and after the enactment of the Indian Constitution. Additionally, the court clarified that for an institution to hold minority status, it does not need to be fully managed by the minority community but must have been established by it.
Maulana Mahmood Asa’d Madani, President of Jamiat Ulama-i-Hind, welcomed the ruling as a pivotal affirmation of minority rights in India. He stated, “This verdict has a lesson for the current government which has, for years, hindered efforts to restore AMU’s minority character.
Maulana Madani emphasized Jamiat Ulama-i-Hind’s unwavering commitment to securing constitutional and educational rights for minorities, citing Jamiat’s persistent advocacy since the Aziz Basha ruling in 1967. Under the leadership of the late Maulana Syed Asad Madani, Jamiat championed a 14-year campaign both within and outside Parliament, culminating in the historic ‘All India Convention for Aligarh Muslim University’ in 1981. This convention, attended by delegates from across the nation, called on the government to pass an amendment to safeguard AMU’s minority character. In response, Parliament passed the 1981 Act, yet lingering biases in the bureaucracy left certain discrepancies in the Act, leading to further legal challenges. In 2006, the Allahabad High Court again nullified AMU’s minority status.
A Call for promotion of Education
Maulana Madani reiterated that AMU represents a vital legacy for Indian Muslims and must remain dedicated to its founding mission, especially in the face of educational challenges confronting the Muslim community today. “Changing the minority status of institutions like AMU not only undermines constitutional protections but augment further entrenching educational disadvantages for Muslims,” he said.
Maulana Madani also commended the determined legal advocacy of AMU, the AMU Old Boys Association, and other intervening organizations. He called on the Muslim community to prioritize education, urging youth to pursue higher studies and contribute meaningfully to progress of country and community.
