Marking a turning point in how institutions with potential minority character could be interpreted under the Indian Constitution, the majority opinion, authored by Chief Justice of India (CJI) Dhananjaya Y Chandrachud on his last working day before demitting office, provided a detailed framework for assessing whether an institution qualifies as minority-owned and administered under Article 30(1), while adding that AMU's minority status will be examined afresh by a new bench on factors such as its historical context, administrative structure and the intentions of its founders.
In 1967, the Azeez Basha judgment by a five-judge bench had declared that AMU was neither established nor administered by a Muslim minority community, disqualifying it from minority status under Article 30. Parliament subsequently amended the AMU Act in 1981 to recognise AMU's origins within the Muslim community, but a 2006 Allahabad high court decision invalidated these amendments, leading to renewed legal debate on AMU's minority character before the seven-judge bench.
At the core of the CJI's judgment, supported by justices Sanjiv Khanna, JB Pardiwala and Manoj Misra, was a refined understand ing of Article 30(1) that guarantees religious and linguistic minorities the right to establish and administer educational institutions of their choice. According to the majority, any legislation or executive action that discriminates against minorities in establishing or running educational institutions is unconstitutional an interpretation that aims to protect minority communities from undue state interference, while also granting them a higher degree of autonomy in managing institutions they have established or "founded".
This story is from the {{IssueName}} edition of {{MagazineName}}.
Start your 7-day Magzter GOLD free trial to access thousands of curated premium stories, and 9,000+ magazines and newspapers.
Already a subscriber ? Sign In
This story is from the {{IssueName}} edition of {{MagazineName}}.
Start your 7-day Magzter GOLD free trial to access thousands of curated premium stories, and 9,000+ magazines and newspapers.
Already a subscriber? Sign In
Can you escape your own history?
Chelsea Bieker, known for her emotionally charged narratives, adds another thought-provoking title to her repertoire with Madwoman.
Life has completely changed: Aditi Sharma on welcoming daughter
Actor-couple Aditi Sharma and Sarwar Ahuja are overjoyed after welcoming their second child, a daughter.
Fans abroad enjoy our music more, says Javed Ali
Singer Javed Ali, who recently had performances in Mumbai and Australia, feels there is a \"major difference\" for Indian artistes who do shows at home and abroad.
ALI FAZAL: FORMULA FILMS WORK ONCE, NOT FOREVER
Ali Fazal challenges filmmakers to move beyond formulaic storytelling and embrace creativity
Krishan Kumar's wife alleges daughter Tishaa died of misdiagnosis, not cancer
Film producer Krishan Kumar faced a harrowing personal tragedy earlier this year when his 20-year-old daughter, Tishaa Kumar, passed away.
I am drawn towards intriguing and unique characters: South Korean actor Lee Se Young
Ask South Korean actor Lee Se Young, who played the female lead in the recently concluded cross-cultural romantic drama, What Comes After Love, shares what she loves about India. She is ready to reel off a long list of things.
'I have been typecast on OTT,' says Tusshar Kapoor
While OTT platforms have presented actors with the opportunity to take up unique projects, actor Tusshar Kapoor feels that he has mostly been typecast on such platforms.
Neeraj Pandey's Tom and Jerry-esque thriller is half-decent
Neeraj Pandey knows his audience. He likes to keep them guessing in his thrillers, from Special 26 (2013) to Baby (2015).
Smells like queen spirit: All about hair perfumes
Hair perfumes have become a popular way to keep your locks smelling fresh. Even brands like Sol de Janeiro and Nish Hair are capitalising on this trend with innovative formulations.
Ahead of her concert, Dua spotted on dinner date with beau
Ahead of her Mumbai concert tonight, Grammy Award-winning singer Dua Lipa is making the most of her time in the city.