Muslims Lag Behind Scheduled Castes in Education: Kapil Sibal Defends AMU's Minority Status in Supreme Court

Senior Advocate Kapil Sibal argued before the Supreme Court, defending the minority status of Aligarh Muslim University (AMU) by asserting that Muslims in India face educational disparities worse than Scheduled Castes. Sibal, representing the AMU Old Boys (Alumni) Association, emphasized the pivotal role of education in empowering the Muslim community, stating, "Muslims are below even scheduled castes in terms of education. We are not empowered enough, and the only way to empower ourselves is through education."

The Supreme Court, led by Chief Justice DY Chandrachud, conducted the second day of hearings on a batch of petitions addressing the minority status of AMU. The legal deliberations revolve around the criteria for granting minority status to educational institutions under Article 30 and whether a centrally-funded university, like AMU, can hold such a designation.

The Court, examining the parameters for educational institutions seeking minority status, explored whether a statute-regulated institute could be classified as a minority institution. Chief Justice Chandrachud emphasized the need for recognition, stating, "Without recognition, a minority institute is akin to a shell." The proceedings highlighted the nuanced discussion on the founding principles of the institute and the continuing role of its governing body in maintaining minority status.

Senior Advocate Rajeev Dhavan, representing the petitioners, argued that the AMU governing body primarily consists of Muslims, countering the earlier Azeez Basha decision, which had denied minority status to a central university. The Chief Justice underscored the significance of secularism in the constitutional framework and questioned whether a charitable aspect was necessary for an institution's protection under Article 30.

The legal discourse delved into the origins of AMU as a minority institution, with Sibal emphasizing its transformative impact on the Muslim community. He articulated the need to recognize the diverse constitutional ethos, asserting that the Azeez Basha decision had overlooked legal aspects.

The Supreme Court proceedings underscore the complex interplay between constitutional principles, minority rights, and the evolution of educational institutions in India.

Author: Anushka Taraniya

News Writer, MIT ADT University