AMU, Muslim Reservation - Introduction

This series is about my submissions before seven judges' connotational bench regarding reservation for Muslim candidates in MD for Muslims in Aligarh Muslim University (The AMU) 

Aligarh Muslim University (AMU)

ALIGARH MUSLIM UNIVERSITY AND MUSLIM RESERVATION

Introduction।। Points Involved in the Case।। Institution Should Be Established and Administered।। AMU Established by the Principal Act।। AMU Not Administered by Minority।। Legislature Can Not Reverse Decision।। Article 30 - Electoral And Not Numerical Minority।। 1981 Amendments Are Arbitrary।। 1981 Amendment is Against Secularism।। Long Standing Decision May Not be Overruled।। Bourbaki & Zero।।

Mohammedan Anglo Oriental (MAO) College Fund Committee was set up around 1872-73. Later, foundation stone for the MAO College laid down on 08-01-1887. It was affiliated to the Allahabad University. Subsequently, Muslim University Association was founded in 1915 to convert the MAO College into University. 

Aligarh Muslim University (The AMU) was established by the Aligarh Muslim University Act, 1920 (the Principal Act). It was amended many times after independence and a question arose whether those amendments were valid in light of Article 30 of the Constitution. 

The Supreme Court (SC) in S Azeez Basha Vs Union of India 1968 (1) SCR 833 = AIR 198 SC 662 (the Basha case) held that the AMU was neither established nor was it administered by a minority and as such not entitled to protection of Article 30. 

Afterwards further amendments were made in 1972 and 1981 and was claimed that now minority status is restored. It did not provide reservation for SC & ST as well as OBC but passed a resolution provide 50% of resolution for Muslim candidates in MD. This was approved by the Union of India on 04-10-2005. 

The aforesaid reservation was set aside by the Allahabad High Court. In the appeal filed before SC, the validity of Allahabad judgement as well as correctness of the Basha case was challenged. This is how the matter reached before seven judges’ constitutional bench. 

In the next post I will discuss the points raised by me before the bench. 

#AMU #AligarhMuslimUniversity #MuslimReservation