Introduction
Aligarh Muslim University (AMU), a prominent Central university located in the city of Aligarh, Uttar Pradesh, India, has consistently held a distinguished reputation in the realm of education. It frequently garners attention in the media, whether due to notable instances such as the display of a portrait of Mohammad Ali Jinnah, the founder of Pakistan, in the Union Hall, or the ongoing discourse surrounding the university’s minority status. Presently, the matter is subject to a legal proceeding in the Supreme Court of India, further adding to the university’s prominence in recent news.
This article aims to address common inquiries surrounding the historical significance of Aligarh Muslim University (AMU), the nature of institutional minority status, and the ongoing discussions and concerns related to AMU’s minority status. By delving into these topics, we seek to provide clarity and a comprehensive understanding of the historical context and current debates surrounding AMU.
AMU’s Historical Journey and Significance as a Minority Institution
The founding figure behind the establishment of Aligarh Muslim University (AMU) is Sir Syed Ahmad Khan, born in Delhi on October 17, 1817. Hailing from a family with influence in the Mughal court, Sir Syed had notable ancestors, including his maternal grandfather Khwaja Fariduddin, who served as Wazir in the court of Emperor Akbar Shah II. His paternal grandfather, Syed Hadi Jawwad bin Imad Uddin, held a prestigious administrative position and the honorary title of “Mir Jawwad Ali Khan.” Sir Syed’s father, Syed Muhammad Muttaqi, maintained a close personal relationship with Emperor Akbar Shah II and served as his adviser.
Sir Syed Ahmad Khan was well-versed in both the Holy Quran and modern education. Recognizing the decline of power in the Mughal Sultanate, he sought to bridge the gap between traditional and contemporary knowledge. In pursuit of this vision, Sir Syed joined the East India Company as a clerk. During his tenure there, he realized that the key to uplifting Muslims was through the impartation of modern education. This realization laid the foundation for his commitment to blending traditional Islamic education with contemporary knowledge.
With the vision of integrating modern education with Islamic teachings, Sir Syed Ahmad Khan founded the Mohammedan Anglo-Oriental College in 1875. Leveraging his connections with British individuals associated with the East India Company, Sir Syed secured the use of vacant British buildings as the campus for his college. After several successful years of operation, the government of India passed the “AMU Act” in 1920, officially transforming the MAO College into the Aligarh Muslim University (a residential university).
During this transformative period, the Khilafat movement gained momentum, spearheaded by influential leaders such as Shaukat Ali, Mohammad Ali Jauhar, and Abul Kalam Azad. The movement garnered significant support from a considerable number of MAO College students, with estimates ranging from 200 to 700 students who actively joined the cause, departing from Aligarh to participate in the nationalist movement.
From its inception as a college to its elevation to university status, the Muslim community in India played a pivotal role in the evolution of AMU. Throughout the era of British colonization in India, various reforms, whether socio-religious or focused on the development of specific sects, an illustrative example of this sectarian focus lies in the Arya Samaj, which concentrated solely on Hindu reforms, while the Aligarh movement was dedicated to the betterment of the Muslim community. This division along sectarian lines significantly impacted the education sector, giving rise to the establishment of colleges with distinct religious affiliations such as Khalsa College, Hindu College, and University, Christian College, among others – institutions that continue to exist today.
The practice of donations from individuals of one religious community to an educational institution of another community was undertaken with a clear understanding that these establishments were designed to advance a specific section’s interests. A notable instance is the contribution made by Hindu individuals to Muslim colleges and vice versa. For instance, during the establishment of Banaras Hindu University, the Nizam of Hyderabad, Mir Osman, generously donated Rs 1 lakh. Similarly, the Maharaj of Darbhanga made substantial contributions to Aligarh Muslim University. In a noteworthy address at Aligarh, he emphasized the importance of naming the university “Aligarh Muslim University.” This insistence on including the term “Muslims” was rooted in the belief that it would provide cultural comfort to the population during the British reforms in India at that time.
During the introduction of the bill to establish AMU as a university in the then Central Legislative Council of India, Mohammad Shafi, a member of the education council, expressly declared that the “government of India is prepared to provide support for the immense benefit of the Indian Muslims” about the proposed university. Furthermore, when Sir Syed Ahmad Khan passed away in 1898, another member of the Legislative Council of India (LCI), Mr. Rafiuddin Ahmad, explicitly stated that the university is intended for Muslims by the Muslims, however, an indiscriminate admission policy should be adhered to for admission in the university.
Minority Status and AMU
In the Indian constitutional context, “minority status” is a recognition and protection of religious and linguistic minorities, as guaranteed by Article 30. This provision allows Muslims, Christians, Sikhs, Buddhists, Jains, Parsis, and linguistic minorities to establish and manage educational institutions according to their preferences. The National Commission for Minorities Act, of 1992, formalizes the identification of these communities as minorities, offering special advantages to preserve their unique identities. This constitutional provision plays a crucial role in upholding secularism and pluralism, ensuring the safeguarding of minority rights nationwide. Additionally, the term “minority institution” refers to educational establishments founded or administered by minority communities, reinforcing their right to promote distinctive culture, language, or religion under Article 30 and the National Commission for Minorities Act, 1992, which recognizes six minority communities, supporting institutions led by Muslims, Christians, Sikhs, Buddhists, Jains, and Parsis.
The question surrounding Aligarh Muslim University’s (AMU) minority status has been a longstanding and contentious issue, stemming from the landmark case of Aziz Basha Vs Union of India. In this case, the Supreme Court, while interpreting Article 30 of the Indian Constitution, asserted that for an institution to be considered a minority institution, its establishment and governance must be by individuals from the minority community. This interpretation led to a denial of minority status for AMU, sparking debates. The crux of the matter revolves around the oversight of the fact that AMU evolved from the Mohammedan Anglo-Oriental College, which inherently met both criteria outlined in Article 30 – being established by a person from the minority and governed by the minority community. The intricacies of AMU’s historical transformation warrant a thoughtful consideration of its eligibility for minority status under the constitutional provisions.
The Aziz Basha case’s findings were put under scrutiny in 1981 during the Rahmaniya Vs District Inspector case. The court questioned why Aligarh Muslim University (AMU) couldn’t be considered a minority institution when it was established and governed by a minority community and forwarded the case to a seven-judge bench. Fast forward to the present, the matter is once again in front of the Supreme Court of India, this time with a seven-member bench. They are tasked with deciding the minority status of AMU and settling the crucial question of whether AMU qualifies as a minority institution or not. It’s a significant legal showdown that aims to clarify the interpretation of what constitutes a minority institution in the context of AMU’s history and governance.
References
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