Minority institute can be established by statute, may not be administered by minority: Supreme Court on Aligarh Muslim University

New Delhi: The Supreme Court by a majority view on Friday overruled the 1967 judgement in Azeez Basha case which formed the basis for depriving Aligarh Muslim University of its minority character due to its creation by a statute.

A seven-judge bench led by Chief Justice of India D Y Chandrachud held that a minority institution can be established by minority and may not necessarily be administered by minority members.

The CJI who authored the majority view, also held the minority character of the institute is not lost due to statute by which it is created.

It said an institution cannot be denied minority status just because it has been established by a parliamentary legislation. Various other factors surrounding such establishment and other aspects ought to be taken into account, it added.

The court said it is also not necessary to prove that the administration of a minority institution lies with such minority group. The test is whether the institution exudes minority character and operates in the interest of minority.

It also said minority institutions may wish to emphasise secular education and for that minority members are not needed in administration.

The majority judgment was rendered by the CJI on behalf of himself and Justices Sanjiv Khanna, J B Pardiwala and Manoj Misra.

Justices Surya Kant, and Dipankar Datta gave their dissenting opinions.

Justice Satish Chandra Sharma, however, clarified his is separate view and is neither assenting or dissenting judgment.

With the pronouncement of judgment, the court referred the matter to a three judge bench to decide the issue arising out of 2006 Allahabad High Court's judgement which denuded the Aligarh Muslim University of its minority character.

The issue of AMU minority status is now left to be decided by a regular bench for the factual determination whether it was 'established' by a minority, the bench said.

In 1967, a five-judge constitution bench in S Azeez Basha versus Union of India case held that since AMU was a central university, it cannot be considered a minority institution.

In 1981, its minority status was restored 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.