Author: Areesha Beg of Dr. B.R. Ambedkar National Law University, Sonepat
Citation: S. Azeez Basha and Anr. V. UOI AIR 1968SC662
Introduction
Aligarh Muslim University formerly known as the Muhammaden Anglo-Oriental College was established by Sir Syed Ahmad Khan. Later by the Act of 1920 it was established as a University. Sir Syed Ahmad Khan realized the need of providing modern and secular education to the Muslims of India. As a result, in 1873 a school was opened by the efforts of the Muhammaden Anglo-Oriental College Fund Committee. In 1876, the school became a High School and in 1877, the then Viceroy of India laid the foundation of Muhammaden Anglo-Oriental College. The idea of establishing a Muslim University slowly gathered strength and after long deliberations, the University was established by the Aligarh Muslim University Act, 1920.
The minority status of the Aligarh Muslim University was a critical aspect of its identity. Originally established to uplift the Muslim community, the university now serves over 28000 students, most of whom are Muslims. However, the validity of AMU’s minority status came into question in 1967 in the case of S. Azeez Basha and Ors vs. Union of India.
Case Introduction
Writ petitions were filed in the Supreme Court of India under Article 30(1) of the Indian Constitution challenging the Aligarh Muslim University (Amendment) Act of 1951 and 1965. Article 30(1) of the Indian Constitution states that “All minorities, whether based on religion or language, shall have the right to establish and administer educational institution of their choice”.
Facts of the Case
The primary question was whether the Aligarh Muslim University could claim minority status. The petitioner argued that AMU was established by the Muslim community hence it is a minority institution. The Union of India on the other hand contended that the university was established by an Act of Parliament therefore it could not be considered as a minority institution.
Legal Question
The main legal question involved in the case is whether Aligarh Muslim University is a minority institution under Article 30(1) of the Indian Constitution. The constitutional validity of the 1951 and 1965 amendments which brought substantial changes to the Act of 1920 has also been questioned. The case also involved interpretation and applicability of Article 14, 19, 25, 26 and 29. The court examined three main questions. First whether the Aligarh Muslim University was established by the Muslim minority. Second, whether Muslim minority had the right to administer the institution and third, whether the right to administer although vested in the minority was surrendered when the Aigarh Muslim University came into existence. These three questions were answered in the detaild reasoning of the judgement.
Arguments Presented
Petitioner
The petitioners argued that the Aligarh Muslim University was established by the Muslim minority and therefore the Muslims had the right to administer it. It was added that any changes made by the Acts of 1951 and 1965 are in violation of Article 30(1) as they deprived the Muslim minority of the right to administer the University. The next argument was based on Article 26 of the Indian Constitution. The Article states that every religious institution has the right to manage is own affairs in the matters of religion. The State has got no right to interfere in these matters unless it is affecting the public order, morality and health of the citizens.
Respondent
The main contention of the Union of India opposing the petition was that the Aligarh Muslim University was established by an Act of Parliament i.e. the 1920 Act and not by the Muslim minority. The Muslims had the right of establishing a University before the commencement of the Constitution however it was up to the Government whether to accept the degrees granted by the private universities or not. To overcome this, it was decided to establish a University through an Act of Parliament. In order to do so the M.A.O. was converted into a university by the Act of 1920. The college voluntarily surrendered all its rights and funds for the establishment of the university. As the university was established by the Government the Muslim minority could not claim any fundamental right of administering the University. It was further contended that as the University was established by the Parliament, the Government had full authority to amend the original act as it deemed fit. Therefore, the amendment of 1951 and 1965 were totally valid and constitutional.
Judgement
The case was heard by a constitutional bench of Supreme Court headed by the then Chief Justice of India K.N. Wanchoo. The Supreme Court decided that Aligarh Muslim University is not a minority institution based on the following reasoning:
The court ruled that as University was established by the Act of Parliament it was the government who established the university and had the exclusive right in its administration. The M.A.O. College and other societies set up for the establishment of the university willfully surrendered all their rights and funds to the University after its establishment by the Act of 1920. The word ‘establish and administer’ used in Article 30(1) should be read conjunctively which means that minority will have the right to administer the institution provided it has established it. Here, the Aligarh Muslim University was set up by the Act of 1920 and not by the Muslim minority therefore, it does not have the right to administer the institution.
The court delved into the provisions of the 1920 Act in order to determine the actual authority that had the power to administer the university. Section 8 of the Act provided that the university shall be open to all persons irrespective of their sex, race, creed, or class. This showed that the university was not established for Muslims alone. Section 13 of the Act provided that the Governor General shall be the Lord Rector of the University (Rector presides over the University Court which is the University’s most powerful decision making body). As the ultimate power of decision making was vested in Lord Rector who was the Governor General, the right to administer the university was in the hands of the Government and not the Muslim minority. The court therefore ruled that the Aligarh Muslim University was neither established nor administered by the Muslim minority.
Based on the above reasoning the court ruled that the Aligarh Muslim University was not established by the Muslim minority. It was the 1920 Act of parliament which established the university and as a consequence, the Government had all rights to administer the institution. The amendment made to the original Act in the year 1951 and 1965 were considered constitutionally valid. The petitions were dismissed and the institution was declared a non-minority institution.
Conclusion
The legal battle involving AMU’s minority status played a pivotal role in defining interpretation of Article 30 of the Indian Constitution. The Supreme Court in Azeez Basha judgement concluded that Aligarh Muslim University is not a minority institution. The judgement made significant impacts on the administration of minority institutions in India. The stance of Azeez Basha judgement was reaffirmed by the Allahabad High Court in 2005 where the Court declared AMU a non-minority institution.
Recently, the case took another turn with the case- AMU through its Registrar Faizan Mustafa v. Naresh Aggarwal and Ors., challenging the validity of declaring AMU a non-minority institution. The Supreme Court has reserved its judgement on the matter reflecting ongoing legal and constitutional debates regarding the minority status of educational institutions in India. All eyes are on the Supreme Court as the judgement will be crucial in determining the future of AMU and similar institutions.
Frequently Asked Questions (FAQS)
What is a minority institution?
Answer: These are educational institutions established and administered by a particular religious or linguistic minority group. Some renowned minority institution in India are Jamia Hamdard in Delhi, St. Stephen College, St. Xavier College etc.
What was Allahabad High Court’s ruling on AMU’s minority status?
Answer: The Allahabad High Court ruled that AMU is not a minority institution, reaffirming Supreme Court’s stance in 1967 judgement.
What was the status of private universities in Colonial period?
Answer: Private individuals were free to establish institutions but the Government was not bound to recognize the degrees granted by these universities. In other words Government would only recognize the degrees of the institutions set up by an Act of Parliament.
Difference between a University and a College.
Answer: The main difference between a university and a college is that a university grants degrees of its own while other educational institutions cannot.
Sources
https://www.scobserver.in/journal/aligarh-muslim-universitys-minority-status-arguments/#:~:text=The%20Bench%20was%20also%20reconsidering,Aligarh%20Muslim%20University%20Act%201920.
https://indianexpress.com/article/explained/explained-law/aligarh-university-minority-status-sc-9139270/#:~:text=In%201967%2C%20in%20S%20Azeez,established%20by%20the%20Muslim%20community.
https://indiankanoon.org/doc/1801897/
