Question 1 · 10 marks · 186 words written
Opening · a date or context
The recent judgement of the Supreme Court on the Aligarh Muslim University case (2024) granted it the minority educational institution tag under Art 30 overturning its previous judgement in Azeez Basha Case.
Body · points
Judgement's implication on Art 30
- Criteria set by the SC to judge on how a minority educational institution is to be decided. The 3 criteria are:- → Intention of setting up of the institution. → Current functioning of the institution. → Who benefits from the institution.
- SC clarified that being formed by act of Parliament / state legislature doesn't take away the minority character of the institution. (3) An institution accepting substantial government aid can still be a minority educational institution if other criteria followed. (4) Such institutions can make use of the SC guidelines in St Stephen's college case for reservation and appointment without compromising merit. (5) Art 30 has been expanded in its scope by SC (6) Art 30 interpreted to mean substantive equality & benefit to the community that narrow interpretation on establishment by whom criteria
Close · a summary
Hence the AMU case has put equality and social justice at the forefront