Supreme Court overrules 1967 order denying minority status to Aligarh Muslim University

The Supreme Court overruled its 1967 decision, denying Aligarh Muslim University (AMU) the status of a minority institution, by a 4:3 majority. 

However, it clarified that the question of whether AMU qualifies as a minority institution will now be decided by a separate bench of three judges.

The court's 1967 judgement in Azeez Basha vs Union Of India held that AMU cannot claim minority status as it was established by a statute. 

Meanwhile, today, the top court held that an institution would not lose its minority status merely because the government brought a law to regulate or govern it.

"Merely because the AMU was incorporated by imperial legislation would not mean that it was not established by a minority. It cannot be argued that the university was established by Parliament merely because the statute says it was passed to establish the university," the majority judgment said.

Chief Justice of India DY Chandrachud pronounced the majority judgment, with Friday being his last working day. Justices Sanjiv Khanna, JB Pardiwala and Manoj Misra concurred with him. Justices Surya Kant, Dipankar Datta and SC Sharma dissented.

The top court order came in a plea following the 2006 verdict of the Allahabad High Court that held that AMU was not a minority institution.

In order to determine whether an institution is a minority institution, the court said it needs to be looked at who established the institution. "The court has to consider the genesis of the institute and the court must see who was the brain behind the establishment of the institution. It has to be seen who got funds for the land and if the minority community helped," the court said.