The Supreme Court grappled with the intricate matter of Aligarh Muslim University's minority status, stating on Thursday that the 1981 amendment to the AMU Act, which granted it minority status, did only a "half-hearted job" and failed to reinstate the institution's pre-1951 position.
The AMU Act of 1920 initially envisioned a teaching and residential Muslim university in Aligarh, but the 1951 amendment removed compulsory religious instructions for Muslim students. The seven-judge constitution bench, led by Chief Justice D Y Chandrachud, reserved its verdict after eight days of intense arguments, questioning the efficacy of the 1981 amendment.
Chief Justice Chandrachud expressed concern, saying, "One thing which is worrying us is that the 1981 amendment does not restore the position as it stood prior to 1951. In other words, the 1981 amendment does a half-hearted job."
The BJP-led NDA government rejected the 1981 amendment last week, urging adherence to the 1967 verdict in the S Azeez Basha versus Union of India case, asserting that AMU, as a central university, cannot be considered a minority institution.
During Thursday's arguments, the bench deliberated on the 1981 amendment's impact, questioning whether it reinstated the institution's pre-1951 status. Lawyers presented varied views, with Kapil Sibal supporting a minority status for AMU, while others argued against it, citing substantial government funding and national importance.
The Allahabad High Court had previously struck down the 1981 law granting minority status, leading to appeals in the Supreme Court. The AMU's minority status has been a prolonged legal issue, with the top court referring it to a seven-judge bench in 2019 and a similar reference made in 1981.
The row over AMU's minority status has traversed decades, involving legal battles and differing government stands, with the latest chapter unfolding in the Supreme Court's ongoing deliberations.
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