Power, Prejudice, and Procedure: A Legal Dive into AMU v. Naresh Agarwal (2024)

Author : Ifrah Fatima , Aligarh Muslim university 

Introduction:

At the core of the matter lies Article 30 of the Indian Constitution, which upholds the right of minorities to establish and manage educational institutions of their preference. The question of whether AMU qualifies for minority status has brought into discussion constitutional provisions such as Articles 29, 30, 14, and 15, and has been shaped by key judicial pronouncements- most notably the S. Azeez Basha v. Union of India case (1968).

Aligarh Muslim University (AMU) has long been at the heart of debates concerning the balance between minority rights and broader constitutional values. This legal puzzle traces back to the historical, legislative, and judicial developments linked to its establishment and functioning. 

To The Point-

The Indian Constitution, under Article 30, gives religious and linguistic communities the authority to create and run schools or colleges that align with their cultural and educational values. The central legal question in this case is about identifying the specific requirements an institution must meet to be considered a minority-run educational establishment as per Article 30(1) of the Constitution.

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