Minority status

Current Context : Recently, the Supreme Court overruled its 1967 judgment in the S. Azeez Basha vs. Union of India case, which had declared AMU a non-minority institution.

The ruling stated that an educational institution established by a minority community retains its identity even if later recognized through a statute.

​Background on the 1967 Judgment:

• The 1967 verdict held that AMU, established under the AMU Act 1920, was a Central university and not a minority institution. This implied that it couldn’t claim protection under Article 30(1) of the Constitution, which grants minorities the right to establish and administer educational institutions of their choice​

Imp. fact : AMU was founded in 1875 by Sir Syed Ahmed Khan as the Muhammadan Anglo-Oriental College.

What are the Constitutional Provisions for Minority?

Article 29:

• Right to conserve language, script, or culture: Any group of citizens with distinct language, script, or culture can protect and promote it.
• Applies to both religious and linguistic minorities.
• Scope: The term “section of citizens” includes both minorities and the majority, meaning protection extends beyond just minorities (as per Supreme Court interpretation).

Article 30:

• Right to establish and administer educational institutions: Religious or linguistic minorities have the right to run educational institutions of their choice.
• This provision only applies to minorities(religious or linguistic) and does not extend to other sections of citizens.

Article 350-B:

• Introduced by the 7th Constitutional Amendment Act, 1956.
• Provides for the appointment of a Special Officer for Linguistic Minorities by the President of India.
• The Special Officer is tasked with investigating matters related to safeguards for linguistic minorities under the Constitution.