The 1981 Amendment: When Indira Gandhi Government Brought An Act Of Parliament To 'Restore' AMU's Minority Status

A seven-judge Constitutional Bench headed by CJI D Y Chandrachud has reserved its judgement on the case concerning the Aligarh Muslim University’s ‘minority’ tag. 

What is lesser known is that in 1967, the apex court had effectively adjudged that the AMU was NOT a minority institution. A five-judge SC bench, in the Azeez Basha case held that AMU was not entitled to minority education institution status as it was neither established nor administered by the Muslim minority.

This judgment was made redundant by the Indira Gandhi government in 1981 through an Act of Parliament.

This is the story of that 1981 Amendment.

The history

The AMU was instituted through the 1920 AMU Act.

The Act was brought in to confer the status of a University to the Muhammedan Anglo-Oriental (MAO) College. The title of the Act read, “An Act to 1 *** incorporate a teaching and residential Muslim University at Aligarh”.  Section 13 of the Act appointed the Governor General as Lord Rector. Under Section 23 of the Act, an all-Muslim Court was Constituted as the governing body of the institution.

It was clear from the wording of the 1920 Act that its intention was to establish an institution for Muslims. For the next three decades, AMU continued to operate on the same principle. 

Things changed after India adopted a new Constitution. 

In 1951, the AMU Act was amended. The Aligarh Muslim University (Amendment) Act, 1951 amended Section 8  of the 1920 Act and removed compulsory religious education. The change was in consonance with Article 28 and 29 of the newly adopted Constitution of India. Additionally, Section 13 was amended to replace Lord Rector with ‘Visitor’.

In 1965, AMU was dealt with a formal blow over its minority status. The Aligarh Muslim University (Amendment) Act, 1965 deleted sub sections 2 and 3 of sections 23 of the 1920 Act, effectively reducing the role of the Court as sole governing body. 

Correspondingly, Sections 28, 29, 34 and 38 were amended to enhance the powers of the Executive Council. In addition to that Section 9 was also omitted making it non-compulsory for Muslim students to obtain religious instructions.

Supreme Court held AMU as non-minority

These amendments were challenged before the Supreme Court in the Azeez Basha case in 1967.  Petitioners argued that Muslims had established the University and had the right to manage it under Article 30 of the Constitution of India. They further argued that legislative amendments of 1951 and 1965 took away such rights and henceforth they were unconstitutional.

The Supreme Court did not agree with this view and held that since the University was established through Central Act, it was not a minority institution, and the Central Act was a vehicle for the government’s recognition of degrees. “It may be that the 1920-Act was passed as a result of the efforts of the Muslim minority. But that does not mean that the Aligarh University when it came into being under the 1920-Act was established by the Muslim minority.,” said Supreme Court

Indira Gandhi overturned Supreme Court’s judgement

Nationwide protests were observed against the judgement. Finally, in 1981, the Indira Gandhi government succumbed to the protests and passed the Aligarh Muslim University Amendment Act, 1981. 

Under the amendment, the word ‘University’ was clearly defined as “the educational Institution of their choice established by the Muslims of India, which originated as the Muhammadan Anglo-Oriental College, Aligarh and which was subsequently incorporated as the Aligarh Muslim University”.

Reservation policy and minority status

In 2005, the University went on to form a reservation policy for Muslim students. This policy was challenged in the Allahabad High Court. In its eventual verdict, the High Court nullified the 1981 amendment.

After the High Court’s verdict, multiple review petitions were filed. Both the AMU and the UPA-led Central Government contested the verdict. Later, when the Modi Government came into power, the Centre withdrew its appeal in 2016. 

Finally, in 2019, the case was referred to a seven-judge Bench.

During the hearing, CJI Chandrachud observed that the 1981 amendment to the AMU Act did not fully turn the AMU into a minority institution.

The Court will soon pronounce its judgement on whether the AMU can claim to be a 'minority institution' under Article 30 of the constitution.