SC overrules 1967 Azeez Basha decision, leaves AMU minority status to be decided by regular bench
New Delhi: In a landmark 4:3 decision, a seven-judge bench of the Supreme Court today overruled the 1967 S. Azeez Basha vs. Union of India verdict, which had previously held that an institution created by statute could not claim minority status. The case involves Aligarh Muslim University (AMU) and its long-debated status as a minority institution. The court determined that a statutory basis does not automatically disqualify an institution from minority status and has directed a regular bench to decide the issue based on who was instrumental in establishing AMU.
The majority opinion, led by Chief Justice of India DY Chandrachud, who delivered the judgment on his last working day, was supported by Justices Sanjiv Khanna, JB Pardiwala, and Manoj Misra. Dissenting opinions were voiced by Justices Surya Kant, Dipankar Datta, and SC Sharma. The majority concluded that determining an institution’s minority status should focus on who ideated, funded, and founded it, rather than solely its statutory establishment. The 1967 Azeez Basha decision, which barred AMU from claiming minority status due to its incorporation by statute, was thus overturned.
The Constitution Bench was tasked with examining whether AMU, established by the AMU Act of 1920, qualifies as a minority institution under Article 30 of the Constitution, which grants minorities the right to establish and administer educational institutions. The majority stressed that formal statutory language should not override historical and substantive evidence indicating a minority foundation. The bench also questioned the Azeez Basha decision's interpretation of "incorporation" versus "establishment."
The case's origins trace back to a 2006 Allahabad High Court ruling that deemed AMU a non-minority institution, impacting its ability to reserve seats for Muslim candidates. This decision relied on the Azeez Basha precedent, which the Supreme Court has now set aside, opening the way for fresh examination.
Representatives for AMU, including Senior Advocates Dr Rajeev Dhavan, Kapil Sibal, and Salman Khurshid, contended that historical records support AMU's minority roots. Meanwhile, Attorney General R. Venkataramani and Solicitor General Tushar Mehta, representing the Union of India, argued against granting AMU minority status.
The Supreme Court has instructed that further factual findings regarding AMU’s foundation be handled by a regular bench, applying the majority’s new framework for assessing minority status.
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Won't contest bypolls until EC prevents fake voting: Mayawati
Lucknow (PTI): BSP chief Mayawati on Sunday alleged irregularities in voting in the recent Uttar Pradesh bypolls and said her party will not contest by-elections in future, particularly in the state, "until Election Commission takes measures to prevent fake voting".
By-elections to nine assembly seats in Uttar Pradesh were held on November 20 and results of it were declared on Saturday. Bahujan Samaj Party contested all nine seats but failed to win any.
"In the bypolls held for nine assembly seats in Uttar Pradesh, there is widespread discussion about the votes cast and the results announced yesterday. I am not saying this myself; it is a common perception among people that earlier, during elections conducted with ballot papers, fake votes were cast by misusing the system, often through fraud," Mayawati said in a press conference here.
"Now, similar practices are being carried out using EVMs, which is a matter of deep sorrow and concern for democracy," the former UP chief minister said.
Not only this, but these activities are now being executed more openly, especially during by-elections, as opposed to general elections for the Lok Sabha and state assemblies, she claimed.
"We recently witnessed this in the Uttar Pradesh bypolls. Similar concerns have also been raised regarding the recent general elections in Maharashtra. This is a major warning bell for democracy in our country," she said.
"Given this situation, our party has decided that until the Election Commission of India takes strict measures to prevent fake voting, we will not participate in any by-elections across the country, particularly in Uttar Pradesh. I am specifically referring to by-elections here," Mayawati said.
As far as general elections are concerned, she continued, there is a somewhat better safeguard because the fear of power changing hands makes the ruling party more cautious.
"In general elections, it is not guaranteed that the party in power will return to power and another party may take over. This fear keeps the government machinery somewhat restrained," she added.
Considering all these factors, our party will contest general elections for the Lok Sabha, state assemblies and local bodies with full preparation and strength, Mayawati stressed.
In the bypolls, the BJP and its ally RLD together won seven seats while Samajwadi Party candidates emerged victorious on two.
