Supreme Court Ruling: Minority Status of Educational Institutions Unaffected by Statute or Administration

The Supreme Court has made a landmark decision regarding Aligarh Muslim University’s (AMU) minority status. In a 4-3 verdict, the Seven-Judge Constitution Bench ruled that an educational institution’s minority status isn’t lost simply because it’s governed by a parliamentary law or administered by non-minority members.

This decision overrules a 1967 verdict that stated institutions created by statute can’t claim minority status. AMU’s case centered on its 50% seat reservation for Muslim candidates in postgraduate medical courses. The Court’s majority opinion, written by Chief Justice Dr. DY Chandrachud, opens the door for AMU’s minority status to be reassessed by a regular bench.

Interestingly, three judges dissented, offering alternative perspectives. This verdict has significant implications for educational institutions and minority rights.

The Supreme Court’s majority opinion established that an institution’s minority status remains intact despite being established through legislation. The Court stressed that the key consideration lies in identifying the institution’s founders and the driving force behind its creation. If this inquiry reveals the minority community’s involvement, the institution qualify for minority status under Article 30.

To determine this, the Constitution Bench referred the matter to a regular bench. The majority clarified that Article 30 applies retrospectively, encompassing institutions established before the Constitution’s commencement. They distinguished between “incorporation” and “establishment,” emphasizing that AMU’s imperial legislation incorporation doesn’t negate its establishment by a minority community.

A strictly formal interpretation would undermine Article 30’s objectives. Instead, the Court focused on tracing the institution’s true origins and identifying its founding visionaries. If the minority community initiated and funded the institution, minority status can be claimed. Notably, institutions may prioritize secular education and aren’t required to exclusively benefit the minority community or have minority administration.

The Court reaffirmed Article 30’s applicability to pre-constitution minority institutions, ensuring their fundamental right to establish and administer educational institutions. Ultimately, the verdict confirmed that minority status remains unaffected by legislative establishment, date of founding, or non-minority administration.