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Picture Courtesy: https://www.businesstoday.in/india/story/aligarh-muslim-university-entitled-to-minority-status-rules-supreme-court-453013-2024-11-08
The Supreme Court upheld Central University's right to apply for Minority Status.
The Supreme Court ruled that Aligarh Muslim University (AMU) has the right to claim minority status under Article 30 of the Constitution.
The Court overturned the 1968 decision in S. Azeez Basha v/s Union of India, which declared that AMU's minority status dissolved due to parliamentary legislation (Aligarh Muslim University Act 1920) that governed the university.
The decision clarifies that an educational institution's minority status does not end only because it is governed by non-minority members or established under parliamentary law.
The court ruled that the minority character of an institution is determined by its founder, not by government regulation.
Meaning of a 'minority institution' |
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Article 29 |
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Article 30 |
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National Commission for Minority Educational Institutions (NCMEI) |
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Steps to set up a minority educational institution |
Institutions need to apply for a No Objection Certificate (NOC) from the Competent Authority under the NCMEI.
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How do Minority institutions differ from other institutions? |
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PRACTICE QUESTION Q.Consider the following statements: 1. The Constitution of India does not define the word ‘Minority’. 2. Total 4 religious communities are notified as the minority by the Central Government. Which of the above statements is/are correct? A) 1 only B) 2 only C) Both 1 and 2 D) Neither 1 nor 2 Answer: A Explanation: Statement 1 is correct: The Indian Constitution does not define the term 'Minority' and only refers to those who are 'based on religion or language'. However, the rights of minorities are clearly stated in the Constitution. The Constitution categorizes minorities' rights into 'common domain' and 'separate domain'. The rights in the 'common domain' apply to all citizens of the country. Rights in the 'separate domain' are reserved for minorities to protect their identity. Statement 2 is incorrect: Muslims, Sikhs, Christians, Buddhists, Jain, and Zorastrians (Parsis) are recognized as the minority communities by the Central Government under Section 2(c) of the National Commission for Minorities Act, 1992. According to the 2011 Census, minorities comprise about 19.3% of the country's population. |
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