Big decision of Supreme Court in AMU case.
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 overturned the Aziz Basha decision of 1967 by 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 was said that Aligarh Muslim University cannot claim minority status because it was created by a 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 was – What are the criteria for considering 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 being 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 given in Article 30 are not absolute. The religious community does not have unlimited rights to run institutions. Cannot weaken Article 30(1). Minority institutions can also be regulated.
4:3 decision
CJI DY Chandrachud said that I have written the judgment with the majority. There are three disagreements. Justice Surya Kant, Justice Dipankar Dutta and Justice Sharma have written 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 given in Article 30 are not absolute.
Which judges pronounced the verdict?
The constitutional bench of Chief Justice DY Chandrachud, Justice Sanjeev Khanna, Justice Surya Kant, Justice JB Pardiwala, Justice Dipankar Dutta, Justice Manoj Mishra and Justice Satish Chandra Sharma has given this decision. The decision of the Supreme Court will later decide whether Aligarh Muslim University should be given the status of a minority institution or not.
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