LI Network
Published on: January 24, 2024 at 13:32 IST
The 7-judge Constitution Bench led by Chief Justice DY Chandrachud continued its hearing on the Aligarh Muslim University (AMU) minority status issue under Article 30.
On the 4th day of arguments, the Chief Justice observed that seeking financial aid from the state does not compromise a denominational institution’s minority status.
The bench, consisting of CJI DY Chandrachud, Justice Sanjiv Khanna, Justice Surya Kant, Justice JB Pardiwala, Justice Dipankar Datta, Justice Manoj Misra, and Justice SC Sharma, is addressing a challenge to a 2006 Allahabad High Court decision.
The High Court ruled that although AMU was established by a minority community, it was not administered or claimed to be administered by the minority community, thus not qualifying as a minority institution.
The discussion extended to the interpretation of Article 30 and its interaction with statutory provisions. The Attorney General for India (AG) R Venkataramani argued in his written submissions that Article 30 is an enabling provision. However, the Chief Justice questioned how Article 30, granting rights to minorities to establish and administer educational institutions, could be considered ‘enabling.’
The AG clarified that while citizens have the choice, minorities are given a higher status, enabling them to reach beyond common considerations. Responding to a hypothetical scenario raised by Justice Khanna about potential future legislation, the AG emphasized that the Constitution provides an overarching framework, allowing minorities to operate unfettered within the broader constitutional framework.
The Chief Justice expressed concern that considering Article 30 contingent upon enabling legislation would apply to every institution, potentially limiting the establishment of educational institutions. He noted that this would make a constitutional right subservient to statute, which he deemed “overboard.“
During the proceedings, the bench also heard arguments from Advocate MR Shamshad in support of AMU’s minority status. The case continues to address the 2019 reference arising from the 2006 Allahabad High Court verdict, challenging the minority status of AMU.
Case Details: ALIGARH MUSLIM UNIVERSITY THROUGH ITS REGISTRAR FAIZAN MUSTAFA vs. NARESH AGARWAL C.A. No. 002286 / 2006 and connected matters