Universities vs Religious Institutions

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The Supreme Court reaffirms that universities, even those with religious affiliations, are distinct from religious institutions in purpose and function.

The Aligarh Muslim University (AMU) case of 2024 revisits the debate on whether universities established by religious minorities should be treated as religious institutions. The Supreme Court emphasizes that AMU, though a minority educational institution, was not established exclusively for religious purposes and thus does not qualify as a religious institution. This aligns with earlier judgments like Azeez Basha (1967), which differentiated the purpose of universities from purely religious bodies, underlining that universities are primarily centers for education, not religious doctrine.

The judgment rejects the notion that minority institutions automatically have the right to administer exclusively without state regulation. Previous judgments, such as T.M.A. Pai Foundation (2002) and Xaviers (1974), are referenced to reinforce that educational institutions are distinct in their governance and subject to state laws.

The article also touches upon how India’s legal system recognizes the right of minorities to establish and administer educational institutions under Article 30, but it clarifies that this does not imply an unregulated right. The court's stance reflects a nuanced approach, balancing minority rights with the regulatory oversight necessary for universities, irrespective of their religious affiliations.