Aligarh Muslim University minority status case: A timeline of events
The ruling clarified the method for determining the minority character of an institution, effectively allowing Aligarh Muslim University (AMU) to retain its status as a minority institution.
The Supreme Court Friday passed a judgment on the minority institution status of the Aligarh Muslim University. (Express Photo by Abhinav Saha)
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A seven-judge Constitution Bench of the Supreme Court Friday, in a 4:3 majority ruling overturned its 1967 case which had ruled that the Aligarh Muslim University (AMU) is not a minority institution. However, whether AMU will retain its minority status or not has been left for a separate Bench to decide.
The Bench, presided by the Chief Justice of India D Y Chandrachud, was hearing a plea on a reference that arose from a 2006 verdict of the Allahabad High Court which held that AMU, established through an imperial legislation in 1920, was not a minority institution.
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Aligarh Muslim University campus (Express Photo by Abhinav Saha)
Here’s a timeline of how the case panned out:
1875: The Muhammadan Anglo-Oriental College is founded
Sir Syed Ahmad Khan establishes the Muhammadan Anglo-Oriental College in Aligarh, with the aim of providing modern education to Muslims in India, who were perceived to be socially and educationally backward.
The institution later becomes the basis for AMU.
1920: AMU takes shape
The Aligarh Muslim University Act is passed by the Indian Legislative Council, formally transforming the MOA College into Aligarh Muslim University (AMU).
1967: The first Supreme Court ruling — S. Azeez Basha vs. Union of India
The Supreme Court rules that AMU cannot be classified as a minority institution under Article 30, despite its Muslim origins.
The Court states that AMU was established by an Act of the central legislature (the Aligarh Muslim University Act of 1920), not by the Muslim minority alone. The ruling emphasises that AMU was a central university, not one “established or administered” solely by the Muslim community, thus it does not qualify as a minority educational institution.
1981: AMU Act amended to grant minority status
In response to the 1967 ruling, the Union government amends the AMU Act in 1981, declaring that AMU was indeed “established by the Muslims of India” to promote the educational and cultural advancement of Muslims.
This amendment grants AMU minority status.
2005: Reservation controversy
AMU introduces 50% reservation for Muslim students in postgraduate medical courses.
The Allahabad High Court strikes down the reservation policy in 2006, ruling that AMU cannot claim minority status because it was not a minority institution as per the 1967 Supreme Court decision. This is based on the reasoning that AMU was not “established or administered” by the Muslim community, thus it does not meet the criteria under Article 30.
2016: Government withdraws appeal
The NDA government under Prime Minister Narendra Modi withdraws its appeal in the Supreme Court against AMU’s minority status.
The government argues that AMU does not qualify as a minority institution, reinstating its position based on the 1967 ruling. The government maintains that AMU renounced its religious status when it was established as a central university in 1920.
2019: Seven-Judge Bench
A three-judge bench, headed by Chief Justice Ranjan Gogoi, refers the issue to a larger seven-judge bench to resolve the legal questions surrounding AMU’s minority status.
2024: The latest verdict
A seven-judge Constitution Bench of the Supreme Court, in a 4:3 majority ruling, overruled the Allahabad High Court’s decision in the S Azeez Basha vs Union of India case on how a minority character of an institution is determined, thereby paving the way for Aligarh Muslim University (AMU) to get the tag.
