Minority institutions vs Reservation: The issue of Muslim quota in Jamia, Milia Islamia and AMU by Congress
May 21, 2025
  • Read Ecopy
  • Circulation
  • Advertise
  • Careers
  • About Us
  • Contact Us
Organiser
  • ‌
  • Bharat
    • Assam
    • Bihar
    • Chhattisgarh
    • Jharkhand
    • Maharashtra
    • View All States
  • World
    • Asia
    • Europe
    • North America
    • South America
    • Africa
    • Australia
    • Global Commons
  • Editorial
  • International
  • Opinion
  • Op Sindoor
  • More
    • Analysis
    • Sports
    • Defence
    • RSS in News
    • Politics
    • Business
    • Economy
    • Culture
    • Special Report
    • Sci & Tech
    • Entertainment
    • G20
    • Azadi Ka Amrit Mahotsav
    • Vocal4Local
    • Web Stories
    • Education
    • Employment
    • Books
    • Interviews
    • Travel
    • Law
    • Health
    • Obituary
    • Podcast
MAGAZINE
  • ‌
  • Bharat
    • Assam
    • Bihar
    • Chhattisgarh
    • Jharkhand
    • Maharashtra
    • View All States
  • World
    • Asia
    • Europe
    • North America
    • South America
    • Africa
    • Australia
    • Global Commons
  • Editorial
  • International
  • Opinion
  • Op Sindoor
  • More
    • Analysis
    • Sports
    • Defence
    • RSS in News
    • Politics
    • Business
    • Economy
    • Culture
    • Special Report
    • Sci & Tech
    • Entertainment
    • G20
    • Azadi Ka Amrit Mahotsav
    • Vocal4Local
    • Web Stories
    • Education
    • Employment
    • Books
    • Interviews
    • Travel
    • Law
    • Health
    • Obituary
    • Podcast
Organiser
  • Home
  • Bharat
  • World
  • Operation Sindoor
  • Editorial
  • Analysis
  • Opinion
  • Culture
  • Defence
  • International Edition
  • RSS in News
  • Magazine
  • Read Ecopy
Organiser Weekly is Hiring!
Home Bharat

Minority institutions vs Reservation: The issue of Muslim quota in Jamia, Milia Islamia and AMU by Congress

As Supreme Court bench, led by Chief Justice Chandrachud, probes AMU's historic minority status dispute, spanning nearly six decades, one needs to take note of the fact that Congress Government tried to appease Muslim community by amending the AMU Act in 1981

by Organiser Bureau
May 6, 2024, 06:00 pm IST
in Bharat, Special Report
In 2005, AMU reserved 50 per cent of postgraduate medical course seats for Muslim candidates, asserting its minority institution status

In 2005, AMU reserved 50 per cent of postgraduate medical course seats for Muslim candidates, asserting its minority institution status

FacebookTwitterWhatsAppTelegramEmail

In a significant development, a seven-judge Bench of the Supreme Court commenced hearings on January 9 regarding the longstanding dispute over the minority character of Aligarh Muslim University (AMU). This dispute, spanning nearly 57 years, has undergone multiple adjudications in various courts.

Led by Chief Justice of India DY Chandrachud, the seven-judge bench delved into the core issue while considering a batch of petitions related to the minority status of AMU. The central question posed by the bench was the impact of a statutory transformation on an institution’s minority character, specifically when a statute converts it into a mandated statutory form.

The bench raised the crucial inquiry: “It becomes a body corporate, [but] does that conversion deprive it of its minority character, or is that only a matter of form? To convert the form which was society into a body corporate, or does that change in form completely destroy the minority character?”

AMU, in its defence, underscored that the right to administer a minority institute stems from the constitutional guarantee of the right to establish one. The bench scrutinised Article 30 of the Constitution, which addresses the right of minorities to establish and administer educational institutions. It highlighted the nuanced interpretation of administration, stating, “Now there is no absolute standard of administration that you must administer 100 per cent… in a regulated society, nothing is absolute.”

Genesis of the Dispute

A Constitution bench is currently handling pleas from AMU and other stakeholders, aiming to determine whether an educational institution created by a parliamentary statute can claim minority status under Article 30 of the Constitution.

The roots of the dispute trace back to 2005 when AMU reserved 50 per cent of postgraduate medical course seats for Muslim candidates, asserting its minority institution status. This claim was contested by the Allahabad High Court, leading to a challenge by the Centre and AMU in the Supreme Court in 2006. In a surprising turn of events in 2016, the Centre withdrew from the appeal, refusing to recognise the minority status of the university.

On February 12, 2019, the Supreme Court referred the matter to a seven-judge bench to address the contentious issue of AMU’s minority status, setting the stage for the ongoing legal deliberations.

The question remains that SC, ST, OBCs have already waited for almost 100 years to get their rightful due in AMU. Till how long will they have to wait for getting reservation

There are many misconceptions and controversies surrounding the status of Aligarh Muslim University (AMU). A section of society believes it to be a minority institution. The other section believes that it is a University established by an “Act of Parliament.” There is a third section which is not aware of the facts of the issue and hence is unable to state anything on this issue.

1981 Amendment in AMU Act: An Unconstitutional Step of Congress Govt Section 2(1) of the AMU Act stated that ‘University’ means Aligarh Muslim University. This definition was changed to ‘University’ means ‘educational institution of their choice established for the Muslims of India which originated as Muhammedan Anglo-Oriental College, Aligarh and which was subsequently incorporated as the Aligarh University’.

Jamia Millia Islamia University in New Delhi

This new definition was very cleverly drafted. It was an attempt to override the judgement of the Hon’ble Supreme Court of 1968 and also to mislead the Muslim community. It was an attempt to bring the university under the purview of Article 30 after 61 years of its existence. It was a serious deception and fraud being played on the Constitution of India. Furthur Section 5(2)(c) was added which stated, “object of the university was ‘to promote especially the educational and cultural advancement of the Muslims of India.”

Another Attempt to Introduce Reservation for Muslims in 2005

The AMU admission committee passed a resolution reserving 50 per cent seats for Muslim students in medical college and the executive committee approved it and forwarded it to the Ministry of Human Resource and Development, which was under the late Arjun Singh. Joint Secretary of HRD Ministry, vide letter dated 25/2/2005, stated that the Ministry had no objection to reservation of seats up to 50 per cent for Muslim students for admission in Medical College in AMU. Non-Muslim students approached the Allahabad High Court against this unconstitutional step

Naresh Agarwal vs Union of India 2005

  • In the Allahabad High Court, Justice Arun Tandon held that :
  • Muslim reservation is unconstitutional in AMU
  • Aziz Basha case (1968) of Hon’ble Supreme Court of India still holds good
  • AMU is not a minority institution within the meaning of Article 30 of the Constitution of India
  • AMU was established by an act of Parliament and not by a minority
  • Parliament has tried to overturn the judgement of the Supreme Court in this manner which is wrong and unconstitutional

What is the fault of SC, ST and OBC?

Ninety eight years have passed since the AMU Act 1920 was passed establishing it as a Central University. Fifty years have passed since the judgement of the Supreme Court in Aziz Basha case reiterating that AMU is not a minority institution but a Central University established by an act of Parliament having been placed as entry 63 in the Union List. It is an institution of national importance. From Dr BR Ambedkar in the Constituent Assembly to all Congress Governments under Pandit Nehru, Lal Bahadur Shastri, Indira Gandhi, Morarji Desai – all have maintained that it was not a minority institution. But in 2005, for the first time Congress Government under Arjun Singh as the Education Minister played fraud on the Constitution of India by tampering with it with the aim to appease the Muslim minority. However these fraudulent amendments were struck down by the Allahabad High Court and Supreme Court saying that they were unconstitutional.

But the question remains that SC, ST, OBCs have already waited for almost 100 years to get their rightful due in AMU. Till how long they will have to wait for getting reservation in AMU which is their Constitutional right? Further, who will compensate them for the loss of lakhs of opportunities of becoming doctors, engineers, etc if they would have got admission in AMU or appointment as a teacher and in staff in this Central University? Or is it too much to ask for?

Topics: JamiaMuslim QuotaMinority institutions vs Reservation1981 Amendment in AMU ActMuslims ReservationST and OBCSC
ShareTweetSendShareSend
Subscribe Organiser YouTube Channel
Previous News

Ghar Wapsi in Bareilly: Saina Begum became Soni to marry Akash; Demanded security from her family in letter to SSP & CM

Next News

MP: Arman Khan wanted in abduction case of Hindu minor, arrested for luring another Hindu girl & threatening her father

Related News

Congress’s ‘Muslim-first’ agenda exposed: Prioritising religion-based reservations over SC, ST, and OBC rights

Supreme Court of India

Jharkhand: SC dismisses state government’s plea against BJP MPs in Deoghar airport case

Chief Minister of Karnataka, Siddaramaiah

Muslim Reservation in Civil Contracts; Another appeasement policy of Congress govt in Karnataka

Ayodhya Pujaris back SC, call for action over use of pig, beef fat and fish oil in Tirupati Laddus

What is your Caste? — The Conundrum for Congress

Hosanna Ministries

Andhra Pradesh: SC/ST vigilance committee member abuses her position to threaten government officer

Load More

Comments

The comments posted here/below/in the given space are not on behalf of Organiser. The person posting the comment will be in sole ownership of its responsibility. According to the central government's IT rules, obscene or offensive statement made against a person, religion, community or nation is a punishable offense, and legal action would be taken against people who indulge in such activities.

Latest News

Pakistan: A nation of ‘Anti-humanity mentality’ and global terror hub

Chhattisgarh CM Vishnu Deo Sai- left

“Union Government committed to end Maoism by March 31, 2026”: Chhattisgarh CM Vishnu Deo Sai   

Telangana: KCR served notice over irregularities in Kaleshwaram Irrigation Project, Congress tightens noose

India, Afghanistan, and the Great Regional Reset: How New Delhi outplayed Islamabad

MEA Official Spokesperson Randhir Jaiswal

India calls out Pakistan’s obsession with blaming others for internal failures: MEA

Operation Sindoor: India’s iron resolve crushes terror infrastructure

Media Bias and the Pahalgam Attack: A tale of selective outrage

Swadeshi Strength: Securing India’s future through self-reliance

Maoist supreme leader Nambala Kesav Rao alias Basavaraju killed in encounter in Narayanpur

Red Terror: ‘Nambala Keshav Rao alias Basavaraju’ gunned-down in encounter: Know all about the notorious Maoist leader

(Left) You Tuber Jyoti Malhotra (Right) Congress leader Gaurav Gogoi

Espionage Web: Jyoti Malhotra & Gaurav Gogoi’s alleged links with Pakistan spark national security concern

  • Privacy
  • Terms
  • Cookie Policy
  • Refund and Cancellation
  • Delivery and Shipping

© Bharat Prakashan (Delhi) Limited.
Tech-enabled by Ananthapuri Technologies

  • Home
  • Search Organiser
  • Bharat
    • Assam
    • Bihar
    • Chhattisgarh
    • Jharkhand
    • Maharashtra
    • View All States
  • World
    • Asia
    • Africa
    • North America
    • South America
    • Europe
    • Australia
    • Global Commons
  • Editorial
  • Operation Sindoor
  • Opinion
  • Analysis
  • Defence
  • Culture
  • Sports
  • Business
  • RSS in News
  • Entertainment
  • More ..
    • Sci & Tech
    • Vocal4Local
    • Special Report
    • Education
    • Employment
    • Books
    • Interviews
    • Travel
    • Health
    • Politics
    • Law
    • Economy
    • Obituary
    • Podcast
  • Subscribe Magazine
  • Read Ecopy
  • Advertise
  • Circulation
  • Careers
  • About Us
  • Contact Us
  • Policies & Terms
    • Privacy Policy
    • Cookie Policy
    • Refund and Cancellation
    • Terms of Use

© Bharat Prakashan (Delhi) Limited.
Tech-enabled by Ananthapuri Technologies