New Bench to decide AMU minority status

The contentious legal question over Aligarh Muslim University's minority status will now be decided by a new bench, the Supreme Court ruled on Friday (by a 4:3 majority), overruling the 1967 judgement which had said the university cannot be considered a minority institution since it was created by a central law.

In the Azeez Basha vs Union of India, the Supreme Court had ruled that AMU cannot claim minority status as it was established by a statute. On Friday, the majority led by Chief Justice of India DY Chandrachud held the institution could not lose its minority status just because it was created by a statute. The court must examine who established the University and who was the "brain" behind it. If that enquiry pointed towards a minority community, then the institution can claim minority status as per Article 30. For this determination, the Constitution Bench turned the matter over to a regular bench.

Chief Justice of India DY Chandrachud, on his last working day, pronounced the judgement on behalf of the majority (comprising himself, Justices Sanjiv Khanna, JB Pardiwala and Manoj Misra)

Justices Surya Kant partially dissented from the majority on certain aspects but agreed that Azeez Basha view required to be modified and clarified. Justices Dipankar Datta and SC Sharma dissented.