ALIGARH MUSLIM UNIVERSITY versus NARESH AGARWAL & ORS.

Citation: [2024] 11 S.C.R. 1647 · Decided: 08-11-2024 · Supreme Court of India · Bench: D.Y. CHANDRACHUD · Disposal: Reference answered

Cited by 2 judgment(s) · cites 63 · see the full citation network in Lexace

Judgment (excerpt)

[2024] 11 S.C.R. 1647 : 2024 INSC 856
Aligarh Muslim University 
v.
Naresh Agarwal & Ors.
(Civil Appeal No. 2286 of 2006)
08 November 2024
[Dr Dhananjaya Y Chandrachud,* CJI, Sanjiv Khanna, 
Surya Kant,* J.B. Pardiwala, Dipankar Datta,* 
Manoj Misra and Satish Chandra Sharma,* JJ.]
Issue for Consideration
The issues were: 1) ingredients, indicia or criteria for an 
educational institution to be considered a minority educational 
institution under Article 30 of the Constitution; 2) whether Aligarh 
Muslim University (AMU) is a minority educational institution; 3) 
whether the Constitution Bench decision in Azeez Basha was 
incorrect, and 4) Whether two-Judge Bench of Supreme Court 
in Anjuman-e-Rahmaniya erred in referring the correctness of 
the decision rendered in Azeez Basha directly to a Bench of 
seven Judges.
Headnotes†
A1.	 Educational Institution – No distinction between 
educational institutions established before and after 
commencement of the Constitution for purposes of 
Art. 30(1) – Right guaranteed by Article 30(1) is applicable 
to universities established before commencement of the 
Constitution – Constitution of India – Art.30.
A2.	 Educational Institution – Minority institution – Indicia for 
‘establishment’ of a minority educational institution – 
Meaning of word ‘establish’ as used in Art.30(1) – Effect 
of incorporation on minority character of an institution – 
Distinction between ‘incorporation’ and ‘establishment’ – 
Constitution of India – Art.30. 
* Author
Ed. Note: There are four judgments in the matter. One judgment was pronounced by Hon’ble Dr Justice 
Dhananjaya Y Chandrachud, Chief Justice of India, on behalf of himself, Hon’ble Mr Justice Sanjiv 
Khanna, Hon’ble Mr Justice J B Pardiwala and Hon’ble Mr Justice Manoj Misra. Hon’ble Mr Justice 
Surya Kant, Hon’ble Mr Justice Dipankar Datta and Hon’ble Mr Justice Satish Chandra Sharma 
pronounced their separate judgments.
1648
[2024] 11 S.C.R.
Supreme Court Reports
A3.	 Educational Institution – Minority institution – Declaration 
of an institution as one of national importance does not 
amount to change in minority character of the institution.
A4.	 Educational Institution – Minority educational institution – 
Whether Aligarh Muslim University (AMU) is a minority 
educational institution.
A5.	 Constitution of India – Art.30 – Scope of – Purpose of 
Art.30(1) – Special protection guaranteed by Art.30(1).
A6.	 Constitution of India – Art.30 – Article 30(1) can be 
classified as both an anti-discrimination provision and 
a special rights provision.
A7.	 Words and Phrases – ‘establishment’ and ‘incorporation’ 
of educational institutions – The words ‘incorporation’ 
and ‘establishment’ cannot be used interchangeably.
Held [per Dr D Y Chandrachud, CJI (for himself, Sanjiv Khanna, 
J.B. Pardiwala and Manoj Misra, JJ.)]:
1.1.	 A distinction between educational institutions established 
before and after the commencement of the Constitution cannot 
be made for the purposes of Article 30(1) – Article 30 will 
stand diluted and weakened if it is to only apply prospectively 
to institutions established after the commencement of the 
Constitution – The adoption of the Constitution reflects a 
break from the system of sovereign and potentate government 
under the colonial regime and the dawn of governance based 
on the rule of law – It secures to the minority educational 
institutions, rights under the Constitution from the date of its 
commencement. [Para 83]
1.2.	 Upon the commencement of the Constitution, citizens received 
the protective cover of Part III – Article 372 read with Article 
13(1) stipulates that laws which pre-date the Constitution are 
unconstitutional if they contravene the fundamental rights – 
The provisions do not stipulate that laws which pre-date the 
Constitution cannot receive the additional protection which 
the fundamental rights offer – The right to administration in 
Article 30(1) is one such protection. [Para 84]
2.1.	 ‘Incorporation’ signifies the legal existence of the institution. In 
contrast, ‘establishment’ signifies the founding or bringing into 
[2024] 11 S.C.R. 
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Aligarh Muslim University v. Naresh Agarwal & Ors.
existence of the institution – The possibility of distinguishing 
the establishment and incorporation of universities arose with 
the advent of teaching Universities – Two kinds of institutions 
were incorporated as teaching universities – They consisted 
of institutions which were established an

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