The seven-judge Constitution bench of the Supreme Court has given a historic verdict on the petitions demanding restoration of minority status of Aligarh Muslim University (AMU). Aligarh Muslim University has got minority status. The Supreme Court has said that the minority status of AMU will remain intact.
The CJI said that the question for reference was – What are the indications for considering an educational institution as a minority educational institution? Will an institution be considered a minority educational institution because it was established by a person(s) belonging to a religious or linguistic minority or is being managed by a person(s) belonging to a religious or linguistic minority?
Chief Justice Chandrachud said that religious communities can form institutions but cannot run them. The rights given in Article 30 are not absolute. The religious community does not have unlimited rights to run institutions. Cannot weaken Article 30(1). Minority institutions can also be regulated.
CJI DY Chandrachud said that I have written the judgment with the majority. There are three disagreements. Justice Surya Kant, Justice Dipankar Dutta and Justice Sharma have written their respective dissents. So it is a 4:3 decision. Chief Justice Chandrachud said that religious communities can form institutions but cannot run them. The rights given in Article 30 are not absolute.
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