BREAKING| Supreme Court To Pronounce Its Judgment Tomorrow On Aligarh Muslim University's Minority Status

The Supreme Court will tomorrow (November 8) pronounce its decision on the issue of granting minority status to Aligarh Muslim University (AMU).The Constitution Bench headed by CJI DY Chandrachud comprising Justices Sanjiv Khanna, Surya Kant, JB Pardiwala, Dipankar Datta, Manoj Misra and SC Sharma was hearing a reference arising out of the 2006 verdict of the Allahabad High Court which held that AMU was not a minority institution. The bench heard the matter 8 days before reserving it on February 1. In 2019, a 3-judge bench of the Supreme Court referred the issue to a 7-judge bench. One of the issues which arise in the case is whether a University, established and governed by a statute (AMU Act 1920), can claim minority status. The correctness of the 1967 judgment of the Supreme Court in S. Azeez Basha vs. Union Of India (5-judge bench) which rejected the minority status of AMU and the 1981 amendment to the AMU Act, which accorded minority status to the University, also arose in the reference.Notably, Article 30 of the Indian Constitution provides certain rights to religious and linguistic minorities in India. This article specifically deals with the right of minorities to establish and administer educational institutions. Under the fundamental right, such minority institutions can make reservations in their admission policies for the betterment of member belonging to their community. The provision strives to give assurance of protecting their minority character. It aims to uphold the cultural and educational autonomy of minority institutions while allowing for reasonable regulations by the state in matters of education.A detailed explainer on the issue of AMU's plea for the grant of minority status can be read here. Representing AMU and the AMU Old Boys' Association, were Senior Advocates Dr Rajeev Dhavan and Mr Kapil Sibal along with Mr Salman Khurshid, Mr Shadan Farasat who appeared on behalf of intervenors.The Union of India was represented by the Attorney General Mr R Venkataramani as well as the Solicitor General Mr Tushar Mehta. Several other senior advocates including Mr Neeraj Kishan Kaul, Mr. Guru Krishna Kumar, Mr Vinay Navare, Mr. Yatinder Singh, Mr. Vikramjit Banerjee (ASG) and Mr KM Nataraj (ASG) also appeared to advance arguments on behalf of respondents and intervenors.Reports of previous hearings :Aligarh Muslim University Case | Historic Antecedents Of Institute Must Be Seen To Assess Minority Status, AMU Tells Supreme Court [Day 1]What Extent Of Minority Presence Required In Administration To Claim Protection Of Article 30? Supreme Court Discusses In AMU Case [Day 2]Article 30 Not Intended To Ghettoise Minorities, Minority Institution Can Include Others In Administration: Supreme Court In AMU Case Hearing [Day 3]AMU Continued As Institution Of National Importance, Why Minority Status Important? Supreme Court Asks [Day 3]AMU Minority Status Case | Article 30 Not A Mere Enabling Provision, It's An Obligation On StateSays Supreme Court [Hearing Day 4]AMU Surrendered Rights To British, Argues Centre; Political Inclination Of Founders Immaterial For Minority Status, Says Supreme Court [Day 4]How Can A Law Officer Say He Won't Support An Amendment Passed By Parliament? Supreme Court Asks Solicitor General In AMU Case [Day 5]Mere Fact Of AMU Being Established By British Law Doesn't Indicate Surrender Of Minority Status, Says Supreme Court [Day 5]AMU Institution Of National Importance, Minority Status Will Exclude SC/ST/OBC Reservations: Centre Tells Supreme Court [Day 6]AMU Case: To 'Muslims Not Minority In 1920' Argument, Supreme Court Says Present Day Standards Relevant [Day 6]Aligarh Muslim University Case : Can Institution Of National Importance Have Minority Character? Supreme Court Discusses [Day 7]'Let's Not Dilute Parliament's Powers' : Supreme Court On Arguments Against 1981 Amendment To AMU Act [Day 7]Article 30's Test Is Not That Minorities Must Administer The Institution Themselves : AMU Case Petitioners To Supreme Court [Day 8]Case Details : ALIGARH MUSLIM UNIVERSITY THROUGH ITS REGISTRAR FAIZAN MUSTAFA vs. NARESH AGARWAL C.A. No. 002286 / 2006 and connected matters

BREAKING| Supreme Court To Pronounce Its Judgment Tomorrow On Aligarh Muslim University's Minority Status

Anmol Kaur Bawa

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