IT HAS BEEN ONE YEAR since the Supreme Court pronounced its verdict on Aligarh Muslim University’s (‘AMU’) minority status. Yet the crucial six-decade old question -Whether AMU is a minority institution or not?’ remains unanswered till date.
The judgment doesn’t so much resolve the legal dispute as it does pirouette around its core, shadowboxing with half-arguments while leaving the heart of the matter suspended in mid-air for a 3-Judge Bench to factually determine the minority status of AMU by applying the parameters laid down in the 7-Judge Bench judgment.
However, till date, no such 3-Judge Bench has been constituted to put a quietus to the issue. This essay will focus on two fundamental aspects that have remained unanswered by the Court for decades, whilst also tracing the legislative history of the issue. First, that the AMU Act, 1920 was the legal recognition of the extension of an existing community-led institution (MAO College) and not its creation. Second, the erosion of AMU’s minority character could further marginalise an already under-represented community.
