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The seven-judge Constitution bench of the Supreme Court has given a historic verdict on the petitions demanding restoration of minority status of Aligarh Muslim University (AMU). The Supreme Court has rejected the Aziz Basha decision of 1967 with a majority. The court has said that a bench of 3 judges will decide whether AMU is a minority institution or not. Let us tell you that in this decision it has been said that Aligarh Muslim University cannot claim minority status because it has been created by law. Along with this, the Supreme Court has said that AMU was established by minorities, this will have to be proved.
What did the Supreme Court say?
While delivering the verdict on the case, the CJI said that the question for reference is, what are the criteria to consider an educational institution as a minority educational institution? Will an institution be considered a minority educational institution because it was established by a person(s) belonging to a religious or linguistic minority or is run by a person(s) belonging to a religious or linguistic minority?
The rights given in Article 30 are not absolute – CJI
Chief Justice Chandrachud said that religious communities can form institutions but cannot run them. The rights provided in Article 30 are not absolute. No religious community has unlimited rights to run institutions. Article 30(1) cannot be weakened. Minority organizations can also be controlled.
CJI DY Chandrachud said, I have written the decision with majority. There are three types of it. Justice Surya Kant, Justice Dipankar Dutta and Justice Sharma wrote their respective dissents. So it is a 4:3 decision. Chief Justice Chandrachud said that religious communities can form institutions but cannot run them. The rights provided in Article 30 are not absolute.
Which judges gave the verdict?
The Constitution Bench of Chief Justice DY Chandrachud, Justice Sanjiv Khanna, Justice Surya Kant, Justice JB Pardiwala, Justice Dipankar Dutta, Justice Manoj Mishra and Justice Satish Chandra Sharma delivered this verdict. The Supreme Court will decide later on whether Aligarh Muslim University should be given the status of a minority institution or not.