Secularism And Minority Rights: A Critical Analysis Of The Historic Aligarh Muslim University Judgement

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Angel Jenifer K, Christ (Deemed to be University), Bangalore

ABSTRACT

According to the United Nations, minorities are defined as “any group or community which is socially, politically and economically non-dominant and inferior in the population”. Furthermore, they are classified based on ethnicity, culture, religion and language. However, the Constitution of India, 1950 recognises such minorities and protects their rights by guaranteeing equal opportunity irrespective of the prevailing differences, thereby ensuring to treat everyone at par as guaranteed under Article 14, strengthened through Article 15, which provides reservation in educational institutions and an extraordinary exception under 15(3) rendering special treatment to women and children, Article 16 reserves seats in public employment. Similarly, Article 29 protects the interests of minorities, guaranteeing protection against denial of admission to educational institutions on the grounds of being a minority. That being said, Article 30 is of utmost importance as it recognises the right of a minority to establish and administer educational institutions, also imposing a duty on the state to ensure that there is no discrimination on the grounds of religion and language. The abovementioned provision is important in this paper as it is the point of discussion at hand. The recent Supreme Court decision rendered on the last day of the tenure of Chief Justice D.Y. Chandrachud marks a change in the era of Aligarh Muslim University's rights to administer and establish minority institution by overturning a decision rendered in 1967. Though applauded by majority the decision has dissenting opinion and is criticized by a majority. Hence, this paper attempts to denounce the nuances of the decision by critically analysing the arguments of the counsels and the decision rendered by the court.

Keywords: Constitution, Minority rights, Supreme Court.

SECULARISM AND MINORITY RIGHTS- A CRITICAL ANALYSIS OF THE HISTORIC ALIGARH MUSLIM UNIVERS.

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