Aligarh Muslim University’s minority character is once again in the news after the Attorney General (AG) Mukul Rohatgi told the Supreme Court that AMU is not a minority institution under Article 30(1) in the opinion of Government as AMU has been established through an act of parliament in 1920 and not by Muslims.

• The fact is that it is true that AMU was established in 1920 by the Indian Legislative Council but it was the only way a University could be set up at that time.
• Secondly, there is difference between establishing a university with all its buildings and infrastructure from merely incorporating or upgrading an existing functional institution into a university so there is clear distinction between the words ”establish” and “ incorporate”.

Even the Supreme Court accepted in Azeez Basha case, that MAO  (Mohammaden Anglo Oriental) College was established by Sir Syed Ahmad Khan so the 1920 Act only upgraded an already existing functional institution rather than establishing it  afresh.  The incorporation of MAO into university was not only just a legal action but Muslim University Association had to collect Rs Thirty lakh (30 Lakh) before the AMU came into existence by AMU Act-1920. Thus  if Muslims would have  known that even after submitting Rs 30 Lakh to government for upgradation of MAO College into AMU, it would be just like another university they would had never surrendered the Mohammedan Anglo Oriental College which even court accepts to be a minority institution.

• The fact is that incorporation of Muslim name in the title of the University itself conveys that 1920 AMU Act was enacted to give AMU a minority character to promote the educational and cultural advancement of the Muslims of India. It was in this context that Governor General of India congratulated Muslims when the AMU Act of 1920 was passed by then parliament. The present crisis has its genesis to a Supreme Court judgment in Azeez Basha case in 1967 where Supreme Court held that AMU is not a minority institution under Article 30 (1) of the constitution of India but unfortunately AMU was not a party in this case. So to remove the confusion over role of parliament in its incorporation and recognition, Parliament in 1981 passed an amendment to the 1920 Act to restore AMU’s minority character clarifying that AMU is an educational institute established by the Muslim of India for promoting the educational and cultural advancement of the Muslims of India.

As a matter of fact,

1. Minorities’ rights are held to be basic structure of constitution which cannot be changed even by constitutional amendments so protection of minorities is an article of faith in the Constitution of India and same has been upheld by the Supreme Court of India in several judgments.
2. Further article 30 (2) makes it clear that government cannot discriminate against the minority institution in granting funds.
3. As per Sachar committee report, Muslims are lagging behind in every sphere of life and are even backward than scheduled castes and scheduled tribes.

So it becomes imperative that an educational institute like AMU should be provided with minority status so that it can help the Muslims to bridge gap in education and related development areas.

 

I appeal to all the right-thinking people to Sign my petition requesting Government of India & Hon'ble Supreme Court of India to take the lead and to commit to a strong roadmap to grant Aligarh Muslim Univerity its Minority Character.