AMU Minority Status: Why and What Did SC Refer To Seven Judge Bench?
6 years, 1 month ago

AMU Minority Status: Why and What Did SC Refer To Seven Judge Bench?

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The Supreme Court, on Tuesday, referred to seven-judge bench the issue of determining the correctness of minority status granted to Aligarh Muslim University. The three judge bench headed by CJI Ranjan Gogoi made this reference in an appeal against a 2006 Allahabad High Court judgment that had held that the University is not minority institution. Justice Ashok Bhushan in his concurring judgment, said: "Declaring the Aligarh Muslim University as minority institution by parliament enactment is not in the competence of parliament in view of the judgment of the Apex Court and if the parliament declares by the legislative enactment that Aligarh Muslim University is minority institution the said declaration shall contravene Article 30 since Article 30 provides that only institutions administered and established by minority are entitled for protection under Article 30. As observed above, the basis of the judgment of Azeez Basha's case regarding administration by minority has not even touched by 1981 Amendment Act, it is no more open for us to consider the submission that minority is administering the Aligarh Muslim University and it be declared as a minority institution.

History of this topic

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