Supreme Court Declares Aligarh Muslim University a Minority Institution in a 4:3 Verdict

New Delhi: In a landmark decision, a seven-judge Constitution Bench of the Supreme Court ruled by a 4:3 majority that Aligarh Muslim University (AMU) is a minority institution. Chief Justice D.Y. Chandrachud and three other judges—Justices Sanjiv Khanna, J.B. Pardiwala, and Manoj Misra—affirmed AMU’s minority status, while Justices Suryakant, Dipankar Datta, and Satyendra Chandra Sharma dissented.

This ruling overturns the Supreme Court’s 1967 Aziz Basha decision, which had held that AMU could not claim minority status since it was established under a parliamentary act.

Chief Justice Chandrachud clarified that the central issue before the bench was determining the criteria for minority recognition under Article 30 of the Indian Constitution. He noted that Article 30 provides minorities with specific educational rights, which include establishing and managing educational institutions. However, these rights are not absolute, as Article 19(6) allows regulation of such institutions, provided it does not compromise their minority character.

Chief Justice Chandrachud emphasized that while any religious community can establish an institution, the right to manage it remains subject to certain regulations to prevent discrimination, ensuring that Article 30(1) does not become weakened.

The case had been pending since February 2019, when a bench led by then-Chief Justice Ranjan Gogoi referred it to a larger Constitution Bench. During the hearings, Solicitor General Tushar Mehta argued against minority status for AMU, diverging from the stance of the previous United Progressive Alliance (UPA) government, which had supported minority status for both AMU and Jamia Millia Islamia University.

With this decision, the Supreme Court has resolved a longstanding controversy over AMU’s status, reinforcing the minority rights provided under the Constitution.