SP MP moves Private Member bill to declare AMU minority institution

The draft Bill said it sought to ensure that the AMU has been established by Muslims of India, underlining Article 30 of the Constitution which provides for the right of minorities to establish and administer educational institutions

Senior Samajwadi Party leader and Rajya Sabha member Ramjilal Suman on Tuesday (October 22, 2024) moved a Private Member Bill to restore the minority character of the Aligarh Muslim University (AMU). The matter has been in the teeth of the judiciary for a long time. In February 2024, a seven-judge bench of the Supreme Court had reserved its verdict after eight days of hearing.

In a letter addressed to the Rajya Sabha Secretary, Mr. Suman wrote that he intends to introduce the AMU (Restoration of Minority Character) Bill 2024 in the next session of the House.

With the tenure of the current Chief Justice of India coming to an end, the timing of the bill, when the Parliament is not in session, has assumed meaning.

Speaking to The Hindu, the former Union Minister said he didn’t see it as a preemptive measure before the verdict. “The bill would send the right message to society,” he said, “since the Modi government opposed the minority character of AMU.” On whether he had taken the nod of the party leadership before moving the bill, the Dalit leader said the bill was “in line with the party’s commitment”.

While party sources were silent on whose direction Mr. Suman had taken the step at a time when the political atmosphere is heavy with upcoming by-election on nine seats, a senior leader from West U.P. indicated that the veteran Dalit leader’s step would send a fitting reply to the right-wing ecosystem that claimed to have been standing for the interests of Scheduled Castes in this case as the concept of reservation didn’t apply in minority institutions.

The university reserved 50% of seats in its postgraduate medical courses for Muslim students in 2005. This was challenged in the Allahabad High Court in Dr. Naresh Agarwal v Union of India (2005), which struck down the reservation policy. This led to AMU and the Union government appealing the decision in the Supreme Court in 2006. In 2014, the NDA Government withdrew it from the appeal in 2016, against the decision. AMU and other associations affiliated with the university proceeded with the challenge.

In 2019, a three-judge bench of the Supreme Court referred the case for reconsideration by a seven-judge bench. On October 12, 2023, the Chief Justice of India (CJI) Dr. D.Y. Chandrachud constituted a seven-judge bench to hear the matter.

On February 1st 2024, the Supreme Court reserved judgment in the Aligarh Muslim University Minority status case after eight days of hearings. A seven-judge constitution bench was considering whether AMU qualified as a minority institution under Article 30.

The statement of objects and reasons for the Bill mentioned in the draft said “Until the Government tinkered with the Aligarh Muslim University Act, 1920, by the Amendment Act of 1965, no one ever entertained any doubt that the Aligarh Muslim University was established by Muslims primarily for the benefit of Muslims. Despite promises to the contrary, successive Governments destroyed all the important features of the University, its minority character, its autonomy, and its democratic functioning. In accordance to the election promises of the various national parties, the Congress Government restored the minority character of AMU, IN 1981 through an amendment Act.

However, the mistaken assumption that the judgment of the Supreme Court in S. Azeez Basha and Another vs. Union of India, reported in 1968 (1) S.C.R. 833, presents a constitutional obstacle, this assumption could not be removed. The judgment is inconsistent with other judgments of the Supreme Court and did not take into account vital facts which undoubtedly would have led to a contrary conclusion.

Underlining Article 30 of the Constitution provided for the right of minorities to establish and administer educational institutions, the draft Bill said it sought to ensure that the AMU has been established by Muslims of India, especially in view of the Supreme Court judgment in Azeez Basha Vs. Union (1968) 1 S.C.R with respect thereto.

It further stated that the Bill was intended to meet a demand of the Muslim community in India, which is backed by intense emotion widely prevalent amongst the members of the community.

Published - October 23, 2024 03:10 am IST