The Centre on Tuesday emphasized before a seven-judge constitution bench of the Supreme Court that the assessment of minority status for educational institutions should be a stringent process. The hearing, now in its sixth day, pertains to a batch of petitions challenging the 1968 verdict that revoked the minority status of Aligarh Muslim University (AMU).

Solicitor General Tushar Mehta, representing the Centre, argued that AMU, despite being an institution of eminence and national importance, has a disproportionately high Muslim population (70 to 80 percent) without reservation. Mehta asserted that institutions recognized for their national significance should reflect the diversity of the nation, challenging the current demographic composition of AMU.

Senior Advocate Rakesh Dwivedi, presenting the respondents' perspective, highlighted the need to define who qualifies as a minority. Using the example of Kerala, where there is no clear majority, Dwivedi urged the court to decide on a definition for minorities. He emphasized that merely applying a numerical test is insufficient and urged the court to address the longstanding issue of defining minorities in the country.

Dwivedi underscored the historical context of minority protection, emphasizing that provisions like Article 30 of the Constitution were instituted to safeguard minority rights, particularly in the establishment of educational institutions.

Senior Advocate NK Kaul, also representing the respondents, raised pertinent questions about the criteria for designating an educational institution as a minority institution. He queried whether an institution should be considered a minority institution based on its founders or administrators belonging to a religious or linguistic minority.

The hearing, which remains inconclusive, is scheduled to continue on January 31, marking a significant legal battle over the determination of minority status for educational institutions in the country.

Case: Aligarh Muslim University Through its Registrar Faizan Mustafa v Naresh Agarwal and ors.