Senior advocate Kapil Sibal argued that challenging AMU’s minority status could undermine the secular framework of the country. He maintained that the institution does not need to be run by Muslims or Christians to qualify as a minority institution.
NEW DELHI: The Supreme Court is set to deliver its judgment i.e today on November 8 regarding petitions that seek minority status for Aligarh Muslim University (AMU).
This follows the conclusion of hearings by a Constitution Bench, led by Chief Justice of India D.Y. Chandrachud, along with Justices Sanjiv Khanna, Surya Kant, J.B. Pardiwala, Dipankar Datta, Manoj Misra, and Satish Chandra Sharma, who wrapped up proceedings on February 1 after an eight-day hearing.
Senior advocate Kapil Sibal argued that challenging AMU’s minority status could undermine the secular framework of the country. He maintained that the institution does not need to be run by Muslims or Christians to qualify as a minority institution.
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During the hearing, the bench observed that the 1981 amendment to the AMU Act, which reinstated AMU’s minority status after the 1967 Azeez Basha case, did not fully restore the institution’s original status as it was before the 1951 amendment Act upheld in the same judgment.
The bench noted that the amendment only brought a “Muslim voice” to AMU without reverting to pre-1951 or 1920 statutes, suggesting that Parliament’s effort was only partial.
Representing AMU, senior advocate Rajeev Dhavan highlighted Muslim representation in AMU’s management, including its academic council. Kapil Sibal, on behalf of the AMU Old Boys Association, argued that the number of Muslims in AMU’s governing bodies is irrelevant in determining its minority status.
He added that AMU’s founder and early supporters were clear on maintaining government supervision without direct control, countering claims that loyalty to the British diluted this principle.
The case had been referred to a seven-judge bench in February 2019, a similar step taken in 1981. The 1967 Azeez Basha judgment ruled that AMU, as a central university, could not be classified as a minority institution.
Parliament later restored its minority status through the AMU (Amendment) Act of 1981, but this was challenged when the Allahabad High Court struck down the provision in 2006. The Congress-led UPA government, along with AMU, contested the High Court’s ruling, but in 2016, the NDA government indicated its intent to withdraw the appeal.
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