On Friday, the Supreme Court, in a 4-3 majority ruling, overturned its 1967 judgment in the Azeez Basha case, which had previously been used to deny Aligarh Muslim University (AMU) its minority status. The court ordered a fresh determination of AMU's status, based on the principles established in the current verdict. Chief Justice of India Dhananjaya Y Chandrachud, along with Justices Sanjiv Khanna, JB Pardiwala, and Manoj Misra, comprised the majority.

“The decision in Azeez Basha is overruled. The question of deciding the minority status of AMU must be done on the basis of the tests laid down in the present case. Papers to be placed before the CJI for constituting a bench to decide the issue and correctness of 2006 judgement of the Allahabad high court,” held the majority.

The court set forth legal principles for determining an institution's minority status but stopped short of making a factual ruling on the matter. Writing for the majority, the Chief Justice of India stated that to qualify as a minority institution, it must be both established and managed by a minority community. He also affirmed that institutions established before the adoption of the Constitution are equally protected under Article 30(1).

Justice Chandrachud further observed that an institution’s minority status cannot be determined solely on the basis that it was created through parliamentary legislation. The majority emphasised that various other factors related to its establishment and other relevant aspects must also be taken into account.

‘”It is also not necessary to prove that the administration of a minority institution lies with such a minority group. The test is whether the institution exudes minority character and operates in the interest of a minority.”

A five-judge constitution bench in the Azeez Basha versus Union of India case ruled that AMU being a central university cannot be considered a minority institution.  The Parliament, however, restored the minority status in 1981 through the AMU (Amendment) Act. The issue escalated when the Allahabad High Court struck down the provision of the AMU (Amendment) Act in 2006. The UPA government appealed against the order and the AMU also filed a petition over the issue. 

In 2016 the BJP led-NDA government informed the SC that it was withdrawing the appeal filed by the UPA government following which the Sc referred the matter to a seven-judge bench.