The long-running issue surrounding the minority status of Aligarh Muslim University (AMU) has yet to reach a conclusive resolution after the Supreme Court majority verdict today, Friday, November 8, asked a regular bench to decide the issue.
The case, which has seen numerous twists and turns over the years, continues to generate legal and political debate.
Let us look at the history of AMU’s minority status. Here is a timeline:
1877: The Muhammadan Anglo-Oriental College was established in Aligarh, laying the foundation for what would later become AMU.
1920: The imperial legislature passed the Aligarh Muslim University (AMU) Act, formally establishing AMU. The AMU Act was amended twice through the AMU (Amendment) Act, 1951, and the AMU (Amendment) Act, 1965.
1967: In the landmark S Azeez Basha v Union of India case, a five-judge Constitution bench of the Supreme Court ruled that AMU, being a central university, could not be considered a minority institution.
1981: A two-judge bench of the Supreme Court questioned the correctness of the Azeez Basha verdict, referring the issue to a larger seven-judge bench. That same year, Parliament passed the AMU (Amendment) Act, 1981, which granted AMU minority status.
2006: The Allahabad High Court struck down the provision in the 1981 law that granted AMU minority status. Appeals against this ruling were filed in the Supreme Court.
2016: The Bharatiya Janata Party (BJP)-led National Democratic Alliance (NDA) government informed the Supreme Court that it would withdraw the appeal filed by the previous United Progressive Alliance (UPA) government against the high court ruling.
February 2019: A three-judge bench of the Supreme Court referred the matter back to a seven-judge bench for a final decision.
January 9, 2024: A seven-judge bench, headed by Chief Justice DY Chandrachud, began hearing arguments on the critical issue of AMU’s minority status.
February 1, 2024: The seven-judge bench reserved its verdict on the matter.
November 8, 2024: In a 4:3 decision, the seven-judge bench overruled the 1967 Azeez Basha verdict, which had denied AMU its minority status.
However, the bench concluded that the legal question regarding AMU’s minority status would be further adjudicated by a regular bench.
Despite the recent ruling, the outcome is still uncertain, as the matter now awaits further deliberation by a regular bench of the Supreme Court.
