ALIGARH MUSLIM UNIVERSITY - MODERN HISTORY

News: What is the long-running legal dispute over Aligarh Muslim University’s minority character?

 

What's in the news?

       The Supreme Court’s seven-judge Bench has begun hearing the long-standing dispute over the minority status of Aligarh Muslim University (AMU), a contention that spans nearly six decades.

 

AMU’s Establishment:

Origin:

       AMU traces its roots to the Muhammadan Anglo-Oriental (MOA) College, founded by Sir Syed Ahmad Khan in 1875 to address Muslims’ educational backwardness.

 

University Status in 1920:

       The institution gained university status in 1920, transitioning from MOA College to AMU, with a focus on both Western education and Islamic theology.

 

Dispute over Minority Status:

       Article 30(1) of the Constitution: It says that all minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice.

 

       Initial Legal Challenges: The Supreme Court’s 1967 ruling in S. Azeez Basha vs. Union of India marked the beginning of the legal dispute, questioning the amendments to the AMU Act and the university’s administration.

 

       Supreme Court’s 1967 Verdict: The court held that AMU was not established nor administered by the Muslim minority, emphasizing that it was created by a central act for government recognition of its degrees.

 

Nationwide Protests and Political Response:

       1981 Amendment Affirming Minority Status: Following protests by Muslims, the government amended the AMU Act in 1981, explicitly recognizing its minority status.

 

       Allahabad High Court’s 2005 Ruling: The High Court overturned AMU’s reservation policy and nullified the 1981 amendment, aligning with the Supreme Court’s 1967 decision.

 

Recent Developments and Government Stance:

       Withdrawal of Appeal by NDA Government: In 2016, the NDA government withdrew its appeal in the Supreme Court, stating it could not endorse setting up a minority institution in a secular state.

 

       Referral to a Larger Bench: In 2019, a three-judge Bench led by then CJI Ranjan Gogoi referred the matter to a seven-judge Bench for a comprehensive review.

 

Current Proceedings in the Supreme Court:

       Composition of the Bench: The case is being heard by a Bench comprising CJI DY Chandrachud and Others.

 

       Focus of the Hearing: The Bench is set to deliberate on the complex historical, legal, and constitutional aspects surrounding AMU’s minority status.

 

Aligarh Movement:

       The Aligarh Movement was a socio-religious reform movement initiated by Sayyid Ahmad Khan in the late 19th century.

 

Establishment of the College:

       In 1875, Sayyid Ahmad Khan founded the Mohammedan Anglo-Oriental College in Aligarh, Uttar Pradesh.

       The college aimed to promote the spread of Western sciences and culture among the Muslim community in India. This college later evolved into Aligarh Muslim University, a prominent educational institution in India.

 

Emphasis on Western Education:

       The Aligarh Movement focused on the importance of Western education and the adoption of modern knowledge.

       Sayyid Ahmad Khan believed that Muslims needed to embrace modern education and sciences to overcome their socio-economic backwardness and keep pace with the changing world.

 

Intellectual and Leadership Development:

       The graduates of Aligarh Muslim University played a significant role in the intellectual and leadership development of the Muslim community.

       They became influential figures who contributed to modernizing and guiding the community through their knowledge and skills.

 

Social Reforms:

       Sayyid Ahmad Khan advocated for social reforms within the Muslim community. He encouraged Muslims to abandon medieval customs and traditions and adopt a more progressive outlook.

       He supported the elevation of women's status in society, the abolition of purdah (seclusion of women), and the spread of education among women.

       He also spoke out against polygamy and divorce practices.

 

Communal Harmony:

       Sayyid Ahmad Khan promoted communal harmony and unity between Hindus and Muslims.

       He emphasized the shared cultural and geographical heritage of Indians, urging both communities to come together for the betterment of the nation.

       However, towards the end of his life, he expressed concerns about Hindu dominance to dissuade his followers from joining the rising nationalist movement.

 

The Aligarh Movement had a significant impact on the intellectual, educational, and social development of the Muslim community in India. It played a crucial role in promoting modern education, fostering leadership, and initiating social reforms among Indian Muslims.