Correct option is A
The correct answer is (a) Institutions created before 1950 can still be considered minority institutions, even if incorporated by statute.
Explanation:
- In the landmark case Aligarh Muslim University v. Naresh Agarwal (2024), the Supreme Court overruled the 1967 decision in S. Azeez Basha v. Union of India, which had held that an institution established by a statute could not claim minority status under Article 30 of the Indian Constitution.
- The Court emphasized that the origin and purpose of the institution are paramount. If an institution was established by a minority community and serves their interests, it retains its minority character, regardless of subsequent statutory incorporation.
- The majority opinion, delivered by Chief Justice D.Y. Chandrachud, highlighted that Article 30(1) protects the right of minorities to establish and administer educational institutions of their choice. This right is not negated by the mode of establishment, such as incorporation by statute.
- The Court also clarified that educational institutions established before 1950 by a minority community are entitled to the protections under Article 30, even if they were later incorporated by statute.
- The case was referred to a regular bench to determine whether Aligarh Muslim University (AMU) qualifies as a minority institution under the criteria established in this judgment.
Information Booster:
- The judgment marks a significant shift in the interpretation of minority rights under the Indian Constitution, emphasizing the intent and purpose behind the establishment of educational institutions.
- It acknowledges the evolving nature of institutions and the importance of preserving the cultural and educational rights of minority communities.
- The decision aligns with the broader constitutional principles that aim to protect the diversity and pluralism of India's educational landscape.
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