Case Notes: Aligarh Muslim University V. Naresh Agarwal & Ors. 2024 SC 3213
- Indian Journal of Law and Legal Research
- Feb 8
- 2 min read
Pawni Singh, Asian law College
INTRODUCTION:
The case of Aligarh Muslim University v. Naresh Agarwal & Ors. (2024) stands as a landmark judgment. On November 8, a seven-judge bench of the Supreme Court, in Aligarh Muslim University v Naresh Agarwal & Ors, overruled the five-judge bench decision in Azeez Basha v Union of India. It particularly concerning the rights of minority educational institutions under Article 30(1) of the Indian Constitution. This provision guarantees religious and linguistic minorities the right to establish and administer educational institutions of their choice.
The case dealt to determine whether Aligarh Muslim University (AMU) qualifies as a minority institution entitled to the protections under Article 30(1). The Supreme Court's decision in this case not only revisited historical interpretations but also set new precedents affecting the educational landscape of India.
In this case commentary I engage with the major opinion of Chief Justice Chandrachud in relation to Article 30(1) as well as the overruled judgement of Azeez Basha v. Union of India.
HISTORY:
AMU's origins trace back to the Muhammadan Anglo-Oriental (MAO) College, established in 1875 by Sir Syed Ahmad Khan in Aligarh, Uttar Pradesh. The primary objective of establishing this college was to promote modern education among Muslims by the blended traditional Islamic teachings with Western scientific knowledge.
In 1920, the MAO College was transformed into Aligarh Muslim University through the Aligarh Muslim University Act, enacted by the British Indian government. This legislative act aimed to provide higher education to Muslims while encouraging sense of nationalism and modernity.
The question of AMU's minority status first came under judicial custody in the case:
* S. Azeez Basha v. Union of India (1968).
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