Suspense Crime Sach Ka Dam
A seven-judge Constitution Bench of the Supreme Court has given a historic verdict on the petitions seeking restoration of the minority status of Aligarh Muslim University (AMU). The Supreme Court has overturned the Aziz Basha decision of 1967 by a majority. The court has said that a bench of 3 judges will decide whether AMU is a minority institution or not. Let us tell you that in this decision it was said that Aligarh Muslim University cannot claim minority status because it was created by a law. Along with this, the Supreme Court has said that AMU was established by minorities, this has to be proved.
What did the Supreme Court say?
While passing judgment on the case, the CJI said that the question for reference was- what are the criteria for treating an educational institution as a minority educational institution? Will an institution be treated as a minority educational institution because it was established by a person(s) belonging to a religious or linguistic minority or it is being run by a person(s) belonging to a religious or linguistic minority?
The rights given in Article 30 are not absolute- CJI
Chief Justice Chandrachud said that religious communities can create institutions but cannot run them. The rights given in Article 30 are not absolute. Religious communities do not have unlimited rights to run institutions. Article 30 (1) cannot be weakened. Minority institutions can also be regulated.
4:3 verdict
CJI DY Chandrachud said that I have written the decision with the majority. There are three dissents. Justice Suryakant, Justice Dipankar Dutta, and Justice Sharma have written their dissents. So this is a 4:3 decision. Chief Justice Chandrachud said that religious communities can create institutions but cannot run them. The rights given in Article 30 are not absolute.
Which judges pronounced the verdict?
This decision has been given by the Constitutional Bench of Chief Justice DY Chandrachud, Justice Sanjeev Khanna, Justice Suryakant, Justice JB Pardiwala, Justice Dipankar Dutta, Justice Manoj Mishra and Justice Satish Chandra Sharma. The decision of the Supreme Court will further decide whether Aligarh Muslim University should be given the status of a minority institution or not.
