Aligarh Muslim University surrendered its denominational character in 1920, cannot claim minority status now: Centre to Supreme Court

The Union government has apprised the Supreme Court that Aligarh Muslim University (AMU) had surrendered its denominational character at the time of its establishment by an Act of the British Parliament in 1920 and hence, it could not claim the minority status now.

A seven-judge Constitution bench, presided by Chief Justice of India D Y Chandrachud, is hearing a reference made to it by a three-judge bench in February 2019.

During the day-long hearing, Justice Chandrachud asked Solicitor General Tushar Mehta, who is representing the Centre, about the status of AMU under the 1920 legislation and on the eve of the adoption of the Constitution.

The CJI asked, “What are the indicia to indicate that when it was conferred with a university status, that it surrendered its minority status? The mere fact that it is given university status does not amount to a surrender of minority status or denominational status prior to Independence. We have to independently see whether by the 1920 Act, AMU’s denominational character was lost”.

The SG pointed out that communications between the British officers and MAO college “show that from the very inception, the Imperial Government was clear that the demand for establishing a University by way of an enactment would only be accepted if the control substantially vests with secular/non-minority authorities.

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