Friday, November 22nd, 2024

Supreme Court rejected the 1967 decision regarding AMU not being a minority institution, know what it said


New Delhi: The Supreme Court has decided to send the case related to minority status of Aligarh Muslim University to a new bench. At the same time, the Supreme Court rejected the 1967 decision which said that the university could not be considered a minority institution because it was established under a central law. CJI D.Y. Chandrachud, while delivering the majority verdict, set the parameters for considering the issue of minority status of AMU.

Decision by majority of 4-3

The Supreme Court, in a 4:3 majority, said that the judicial record of the case should be presented before the CJI so that a fresh bench can be constituted to decide on the validity of the 2006 Allahabad High Court judgment. In January 2006, the High Court had struck down the provision of the 1981 law under which AMU was given minority status. At the commencement of the court proceedings, CJI Chandrachud said that there were four different opinions including three dissenting judgements.

What did the CJI say?

The Chief Justice of India said that he/she and Justice Sanjiv Khanna, Justice J.B. The majority verdict has been written for Pardiwala and Justice Manoj Mishra. Justice Chandrachud said that Justice Surya Kant, Justice Dipankar Dutta and Justice Satish Chandra Sharma have written separate dissenting judgments. Justice Surya Kant is giving his/her dissenting verdict.

SC only set the criteria for minority status in its decision, new bench will sit to decide the status of AMU

What was the decision of 1967

A five-judge Constitution bench had ruled in 1967 in the S Aziz Basha vs Union of India case that since AMU is a central university, it cannot be considered a minority institution. However, the prestigious institution regained its minority status when the AMU (Amendment) Act was passed by Parliament in 1981.

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