Aligarh Muslim University (AMU) Case Study

• AMU case, established by Sir Syed in 1877, is a significant example of Muslim educational and cultural activity.

• The Supreme Court of India declared AMU as an institution not established or administered by Muslims in S. Azeez Basha (1967).

• The seven-judge Bench judgment in the AMU case (2024) aligns with liberal and progressive decisions on minority rights by the top court in the last 75 years.

• The judgment extends protection to universities, pre-constitutional-era institutions, and non-waiver of fundamental rights.

• Justice Dipankar Datta admitted to being in a minority within minority, despite substantial agreement with two dissenting judges.

• Dissenting judges argue that if an enactment compels a minority institution to give up its fundamental rights, it is void or inoperative.

• The CJI ruled that acknowledgment of the founder’s name in the statute cannot be the determining factor.

• AMUs have much tighter governmental control, including the power to dissolve such institutions.

• The majority’s view that ₹30 lakh was not raised for establishing the AMU is factually incorrect.

• The AMU inherited all debts, liabilities, privileges, and rights of M.A.O. College, and in terms of Section 4, the AMU automatically inherited its character.