Supreme Court Affirms Significance of Article 30 in AMU Minority Status Case: Deems it a State Obligation, not a Mere Enabling Provision

The Supreme Court Deliberates on the Legitimacy of 1968 Verdict, Which Stripped Aligarh Muslim University (AMU) of Minority Status: A Closer Look at the Ongoing Petitions.

The 7-Judge Constitution Bench, presided over by Chief Justice of India DY Chandrachud, persisted in its deliberations regarding the conferment of minority status upon Aligarh Muslim University under Article 30. During the fourth day of arguments, the CJI made a noteworthy verbal observation, affirming the well-established principle that solely seeking financial aid from the state does not negate the minority status of a denominational institution.

On Tuesday, the Central Government apprised a seven-judge Constitution Bench of the Supreme Court, contending that Aligarh Muslim University (AMU) voluntarily relinquished its minority status. This decision, the government argued, was manifested by the university’s choice to forgo deemed university status and, instead, embrace institutional status under an Act of Parliament.

What Court said

“That is well settled, you don’t have to give up your minority status when you seek aid. Because today there’s a recognition that no institution minority/non-minority without aid can exist. Merely by seeking aid, you don’t lose your minority status. Thats now very well settled”

Center Replied

Solicitor General Tushar Mehta, appearing for the Centre, told the bench headed by Chief Justice of India DY Chandrachud, “A minority institution can be open to everyone; that wouldn’t rob it of its minority character if its other attributes are satisfied.” He emphasised that when an institution agrees to the terms and conditions of the government and chooses to be dissolved, its earlier status is relinquished.