​SC Ruling onMinority Institutions

• 09 Nov 2024

On 8th November, 2024, the Supreme Court(SC), in a 4:3 majority decision led by Chief Justice D.Y. Chandrachud, upheld that educational institutions established by minority communities retain their minority status even after statutory recognition.

• This landmark ruling, rooted in the Aligarh Muslim University (AMU) case, reinforces minority rights under Article 30 of the Constitution.

Key Points

• Petition Basis: The case arose from petitions challenging a prior ruling that AMU, a central university, did not qualify as a minority institution.
• Autonomy Emphasis: Chief Justice Chandrachud underscored that Article 30(1) grants minority institutions anti-discrimination and special rights to preserve their cultural fabric, with some oversight allowed.
• Historical Precedent: The court referenced the 1967 S. Azeez Basha v. Union of India case, in which it was held that a minority community must prove the institution serves its cultural preservation.
• Administrative Autonomy: The judgment clarifies that minority institutions can appoint non-community members to administrative roles, particularly for professional courses, without affecting their status.