AMU Case - Fifth Point

This post explains that the word 'minority' in Article 30 of the Constitution envisages electoral minority and not numerical minority.

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।।

Democracy is a basic feature of the Constitution. Lord Acton in Essay on Freedom (1948, page 33) says, 

“Most certain test by which we judge whether a country is really free is the amount of security enjoyed by minorities. “

This is the basic reason for giving rights to the minorities so that the majority may not trample on them. If this be the reason then the minority—not defined anywhere in the constitution—means electoral minority and not numerical minority. Though, the trend of this court is, towards numerical minority.

Muslim vote bank (but not other minority vote bank)  plays important role in the elections. Their consolidation  results into victory for the candidate. It (Muslim vote bank) is numerical minority but perhaps not electoral minority. 

In Committee of Management  Anuman Madarsa Noorul Islam v. State of UP 2007 SCC OnLine All 1043: 2007 (4) All LJ 370, a A single judge has held that Muslims are not minority in India. This part of the order has been set aside by the Division Bench in special appeal {2009 SCC OnLine All 786 State of UP v. Bahuri Alp on the ground that it was not necessary to decide it.

Nevertheless, the point is there. The courts are not fully equipped to deal with such a question: a commission may be constituted to consider it. There is no proper foundation in this case. The court may mention it and leave it open to be decided in an appropriate case.

#AMU #AligarhMuslimUniversity #MuslimReservation #Minority