BEWARE OF FAKE INSTITUTES WITH SIMILAR NAMES. blank    blank
banner

Aligarh Muslim University Case: Key Legal Facets



  Jan 22, 2024

Aligarh Muslim University Case: Key Legal Facets



Context of the Case

The Supreme Court’s seven-judge bench, led by Chief Justice Dr. DY Chandrachud, reviewed an appeal against the Allahabad High Court’s decision in Naresh Agarwal v. Union of India (2005). The High Court struck down the Aligarh Muslim University (AMU)’s 50% seat reservation in postgraduate medical courses for Muslim candidates. The ruling was based on the understanding that AMU is not a minority institution under Article 30 of the Indian Constitution. A minority educational institution has to be set up by the minority and run by them without a legislative act.

Historical Background

S. Azeez Basha v. Union of India (1968): This case questioned the constitutional amendments of 1951 and 1965 to the Aligarh Muslim University Act, 1920. The Supreme Court ruled that AMU, established by an Act of Parliament, does not qualify as a minority institution.
Aligarh Muslim University Amendment Act, 1981: This Act aimed to counter the 1968 Supreme Court decision by redefining ‘University’ to emphasize its establishment by Muslims.

Recent Developments

Naresh Agarwal v. Union of India (2005): Challenged the decision of AMU’s Admission Committee in 2005 to reserve 50% of postgraduate medical course seats for Muslim candidates. The Court maintained that AMU is not a minority institution, hence cannot provide religious-based reservations.
Aligarh Muslim University v. Malay Shukla (2006): Reaffirmed that AMU, being created by an Act of legislature, is not a minority institution.

Current Scenario

The matter was escalated to the Supreme Court’s seven-judge bench for a comprehensive review. The case’s outcome will have significant implications on the interpretation of minority rights and educational autonomy in India.

Key Questions

1. Is AMU a minority institution under Article 30 of the Constitution?

2. Can AMU provide reservations based on religion?

Implications

This case is pivotal in defining the scope of minority institutions’ rights and the balance between religious autonomy and secular principles in Indian education.

SRIRAM’s


Share:
 

Get a call back

Fill the below form to get free counselling for UPSC Civil Services exam preparation

 
UPSC DAILY CURRENT AFFAIRS

 
New Sea Slug Species Named After President Murmu
 
​India’s New Solar Initiative PM-Surya Ghar Yojana
 
New Sea Slug Species Named After President Murmu
 
India's Space Odyssey: Gaganyaan, Space Station, Moon
 
India's Space Leap: Gaganyaan, Station, Moon
 
The Transformative Impact of Regenerative Agriculture on Soil Health
 
Early Blossoming of Buransh in Uttarakhand
 
Exclusion of Scheduled Tribes from Uttarakhand’s Uniform Civil Code
 
Impact of Prosopis Juliflora on Sloth Bear Habitat Utilization in Gujarat
 
Kasturba Gandhi and the 1913 Satyagraha Movement
 
Shahpur Kandi Barrage and Water Allocation
 
Explainer:Selection of Astronauts for Gaganyaan Mission
 
Understanding the Household Consumption Expenditure Survey 2024
 
Obelisks: New Discoveries in Human Microbiomes
 
Discovering Obelisks: A New Form of Life