AMU Minority Status Case: In a temporary relief for the Aligarh Muslim University, a seven-judge Constitution bench of the Supreme Court delivered four separate judgements in the Aligarh Muslim University minority status case. The SC delivered a 4-3 majority verdict in the case saying that a three-judge bench will now decide on the case. However, the Supreme Court overruled a 1967 verdict holding that since AMU was a central university it cannot be considered a minority institution.
In its majority verdict, the Supreme Court ruled that the issue of AMU’s minority status must be decided on the basis of tests laid down by it. The apex court also laid down criteria for deciding AMU’s status as a minority institution.
The bench headed by Chief Justice D Y Chandrachud said there were four separate opinions, including three dissenting verdicts. The CJI said he has written the majority verdict for himself and Justices Sanjiv Khanna, JB Pardiwala, and Manoj Misra.
Justice Chandrachud said Justices Surya Kant, Dipankar Datta and Satish Chandra Sharma have penned their separate dissenting verdicts.
The Supreme Court said case papers will be placed before the CJI for setting up fresh bench to decide validity of 2006 Allahabad HC verdict. In January 2006, the Allahabad HC had struck down provision of 1981 law by which AMU was accorded minority status.
This is a rare instance when a seven judge bench delivered a verdict with 4-3 majority but still referred the case to a three-judge bench for final hearing. This primarily happened because there are four separate judgement while 3 dissenting views.
