The Supreme Court of India, in a landmark 4:3 majority decision by a seven-judge Constitution Bench, has overturned the 1967 judgment in S. Azeez Basha vs. Union of India, which stated that an institution established through legislative enactment could not claim minority status. This development has significant implications for Aligarh Muslim University (AMU) and its quest to secure recognition as a minority institution under Article 30 of the Indian Constitution.
The issue of AMU's minority status will now be examined afresh by a regular bench, which will conduct a detailed factual analysis based on the new guidelines set forth by the majority. The pivotal question that the bench will address is whether AMU, despite being established by an act of Parliament, was essentially founded by a minority community and driven by their vision.
Chief Justice of India DY Chandrachud, delivering the judgment on behalf of the majority which included Justices Sanjiv Khanna, JB Pardiwala, and Manoj Misra, emphasized that an institution does not forfeit its minority character merely because it was established through legislation. The majority opinion highlighted that the determination of minority status should be based on the identity of the founders and whether the institution was conceived and created by a minority community. The majority thus found the interpretation in the Azeez Basha judgment to be flawed and overruled it.
“The view taken in Azeez Basha that an educational institution is not established by a minority if it derives its legal status through a statute is overruled,” stated the majority judgment.
