New Delhi. Supreme Court Chief Justice DY Chandrachud will retire on November 10. On November 8, as Chief Justice DY Chandrachud will sit in court number 1 for the last time. The Constitution Bench heard four important issues under the chairmanship of Justice DY Chandrachud. Out of this, the Constitution Bench headed by Justice Chandrachud has given its verdict on the case related to redistribution of private properties, UP Madrasa Act, running of heavy vehicles weighing up to 7500 kg on LMV license. Now another important decision has to be given by the bench of 7 judges headed by Justice Chandrachud. It is believed that a decision on this important issue will also be taken by November 8.
This matter is about giving minority status to Aligarh Muslim University. The Constitution Bench of 7 judges headed by Supreme Court Chief Justice DY Chandrachud had reserved the decision after hearing the case for 8 days. The cancellation of the 1981 changes in the AMU Act has been challenged in the Supreme Court. At the same time, a petition filed in protest said that the Supreme Court had abolished the minority status in the decision given in the Aziz Basha case, but the Parliament restored the status of minority institution of AMU by changing the law. In this matter, the Central Government has told the Constitution Bench headed by the Chief Justice that withdrawal of the status of AMU as a minority institution was under the Constitution. On this basis the decision was taken in 2016. The central government said that the earlier UPA government’s stance of fighting for it legally was against the public interest and against the public policy of reservation for marginalized sections.
The Modi government has given its opinion in the Supreme Court on the minority status of AMU, contrary to the action of Manmohan Singh’s UPA government.
In the year 1967, the Supreme Court had said in the Aziz Basha case that AMU is not a minority institution. This decision was given by the Constitution Bench of 5 judges. Then in 1981, the law was changed and minority status was again given in the AMU Act 1920. When the matter went to Allahabad High Court, it canceled the amendment in the law. Allahabad High Court said that AMU is not a minority institution on the basis of Article 30 of the Constitution. This decision of Allahabad High Court was challenged in the Supreme Court and then the matter was sent to a bench of 7 judges. Unlike the previous UPA government, the Modi government has not voted in the Supreme Court. Modi government says that the earlier central government should not have come to the Supreme Court against the decision of Allahabad High Court. His stance was against public interest. Let us tell you that due to being a minority institution, there is no reservation i.e. quota in AMU. The whole controversy is based on this. Now everyone’s eyes are on Justice Chandrachud’s bench to see whether she maintains the status of AMU as a minority institution or opens the way for quota there.
