NB Explains | Why Centre does not see Aligarh Muslim University as a minority institution?
10 Jan 2024 11:04:51
New Delhi, Jan 10: "The Aligarh Muslim University cannot be a minority institution given its "national character", the Centre on Tuesday told the Supreme Court, which began hearing the hugely disputed question of the minority status of AMU.
In his written submissions filed before the apex court, Solicitor General Tushar Mehta said the university has always been an institution of national importance, even in the pre-independence era. The university was founded in 1875.
"Therefore, as per the submission of the Union of India, the Aligarh Muslim University (AMU) is an institution of a national character. A survey of the documents surrounding the establishment of the Aligarh Muslim University and even the then existing legislative position enunciates that the AMU was always an institution having a national character," the document said.
"It is submitted that owing to the obviously secular ethos and nature of the nation and the Constitution, considering the fact that AMU is an institution of educational 'national character' it cannot be considered to be a minority institution irrespective of the question whether it was established and administered by the minority at the time of inception or not," Mehta said.
The top law officer said AMU is not a university dominantly functioning as a Muslim university as it is not established and administered by the minority. "Aligarh Muslim University is not and cannot be a University of any particular religion or religious denomination as any University which is declared by the Constitution of India to be of national importance should, by definition, cannot be a minority institution," Mehta said in his written submissions.
On the impact of declaring AMU as a "minority institution", he said a minority educational institution is not required to implement the reservation policy under section 3 of the Central Educational Institution (Reservation in Admission) Act, 2006 (as amended in 2012). "Despite being an institution of national importance with other institutes of national importance, Aligarh Muslim University would have a separate admission procedure," the document said.
"The case of Aligarh Muslim University and Banaras Hindu University is sui generis (unique) case since the framers of the Constitution chose to place these two Universities in List I as a part of Entry 63, though the subject of education is otherwise in the State List (at the time of independence). This exhibits the national character of the University and its stand," it said.
The issue of AMU's minority status has been caught in a legal maze for the last several decades. A five-judge constitution bench had in the S Azeez Basha versus Union of India case in 1967 held that since the Aligarh Muslim University was central, it cannot be considered a minority institution.
However, the fabled institution established in 1875 got back its minority status when Parliament passed the AMU (Amendment) Act in 1981. In January 2006, the Allahabad High Court struck down the provision of the 1981 law by which the university was accorded the minority status.
The Congress-led UPA government at the Centre moved in appeal against the Allahabad High Court order. The university also filed a separate petition against it.
The NDA government spearheaded by the BJP told the Supreme Court in 2016 that it will withdraw the appeal filed by the erstwhile UPA dispensation. It had cited the apex court's 1967 judgement in the S Azeez Basha case to claim that AMU was not a minority institution since it was a central university funded by the government. A seven-judge constitution bench headed by Chief Justice D Y Chandrachud commenced hearing the matter on Tuesday. The arguments remained inconclusive and will resume on Wednesday.
"AMU is not and cannot be a university of any particular religion or religious denomination as any university which has been declared an institution of national importance cannot be a minority institution," it said.
In his written submissions filed before the apex court, Solicitor General Tushar Mehta said the university has always been an institution of national importance, even in the pre-independence era. The university was founded in 1875.
"Therefore, as per the submission of the Union of India, the Aligarh Muslim University (AMU) is an institution of a national character. A survey of the documents surrounding the establishment of the Aligarh Muslim University and even the then existing legislative position enunciates that the AMU was always an institution having a national character," the document said.
"It is submitted that owing to the obviously secular ethos and nature of the nation and the Constitution, considering the fact that AMU is an institution of educational 'national character' it cannot be considered to be a minority institution irrespective of the question whether it was established and administered by the minority at the time of inception or not," Mehta said.
DAY 2: AMU MINORITY STATUS CASE
— Bar & Bench (@barandbench) January 10, 2024
Seven-Judge Constitutional Bench of the Supreme Court of India to resume hearing the plea of Aligarh Muslim University (AMU) on retaining its minority institution status@amu_official_#SupremeCourt pic.twitter.com/xFmYRiOQxy
On the impact of declaring AMU as a "minority institution", he said a minority educational institution is not required to implement the reservation policy under section 3 of the Central Educational Institution (Reservation in Admission) Act, 2006 (as amended in 2012). "Despite being an institution of national importance with other institutes of national importance, Aligarh Muslim University would have a separate admission procedure," the document said.
"The case of Aligarh Muslim University and Banaras Hindu University is sui generis (unique) case since the framers of the Constitution chose to place these two Universities in List I as a part of Entry 63, though the subject of education is otherwise in the State List (at the time of independence). This exhibits the national character of the University and its stand," it said.
AMU case
The issue of AMU's minority status has been caught in a legal maze for the last several decades. A five-judge constitution bench had in the S Azeez Basha versus Union of India case in 1967 held that since the Aligarh Muslim University was central, it cannot be considered a minority institution.
However, the fabled institution established in 1875 got back its minority status when Parliament passed the AMU (Amendment) Act in 1981. In January 2006, the Allahabad High Court struck down the provision of the 1981 law by which the university was accorded the minority status.
The Congress-led UPA government at the Centre moved in appeal against the Allahabad High Court order. The university also filed a separate petition against it.
The NDA government spearheaded by the BJP told the Supreme Court in 2016 that it will withdraw the appeal filed by the erstwhile UPA dispensation. It had cited the apex court's 1967 judgement in the S Azeez Basha case to claim that AMU was not a minority institution since it was a central university funded by the government. A seven-judge constitution bench headed by Chief Justice D Y Chandrachud commenced hearing the matter on Tuesday. The arguments remained inconclusive and will resume on Wednesday.