
SC overrules 1967 verdict, minority status of AMU to be decided by a new bench
Op IndiaOn Friday, the Supreme Court ruled that an educational institute’s minority status does not end simply because the parliament passes a law to regulate or govern it or because it is governed by non-minority members. A 7-judge bench of the Supreme Court reversed the 1967 ruling in S. Azeez Basha vs. Union of India, which declared that an institution incorporated by legislation cannot claim to be a minority institution. The Supreme Court, however, stated that a separate three-judge bench will decide whether Aligarh Muslim University is a minority institution. The court determined that the AMU could not maintain an exclusive reservation because, according to the Supreme Court’s decision in the S. Azeez Basha case, it was not classified as a minority institution. In 2016, the NDA government told the Supreme Court that it was dropping its case, stating that “as the executive government at the Centre, we can’t be seen as setting up a minority institution in a secular state.” On February 12, 2019, a three-judge bench led by the then-CJI Ranjan Gogoi referred the case to a seven-judge bench.
History of this topic

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