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In a recent ruling by the Supreme Court of India, an interesting dissenting opinion emerged over the minority status of Aligarh Muslim University (AMU). One of the judges expressed a strong view that AMU, originally founded through a central act in 1920, does not rightfully deserve to be labeled a minority institution. The judge’s opinion reflects a historical perspective on how AMU was established, underlining that the university was created by parliamentary statute rather than solely by a minority group, which complicates its claim to a minority status under Article 30 of the Indian Constitution.
This debate over AMU’s minority status has been ongoing for decades, rooted in legal battles and amendments. Originally established as Muhammadan Anglo-Oriental College in 1875 by Sir Syed Ahmed Khan, AMU was intended to improve educational opportunities for Muslims in India. When it became a university in 1920, the institution inherited various secular elements, including the right to admit students from all communities. A significant turning point came in 1967, when the Supreme Court ruled that AMU could not be considered a minority institution since it was established by a legislative act and was subject to central government policies.
However, amendments in 1981 attempted to reinstate its minority status. The Supreme Court’s recent dissenting opinion raises questions over whether institutions established through government legislation can claim minority status if they are not exclusively managed by the minority community. As the debate unfolds, AMU’s role and minority status remain complex and sensitive issues in Indian constitutional law.
