In a move with far-reaching implications for education in India, the Supreme Court has prohibited mandatory religious instruction in minority educational institutions, even those partially funded by the government. The judgement specifically discussed the Aligarh Muslim University (AMU), a fully state-funded minority institution.
The bench, including CJI D Y Chandrachud and Justices Sanjiv Khanna, Surya Kant, J B Pardiwala, Dipankar Datta, Manoj Misra, and Satish Sharma, clarified that once the government recognises a minority institution, it cannot make religious teachings compulsory for its students. These remarks came in response to the 1951 Aligarh Muslim University Act 1920 amendment, which eliminated compulsory religious teaching for Muslim students.
The conditions arising from government grants apply to all educational institutions, regardless of minority or non-minority status, the bench said, as the Times of India reported.
Justice Khanna emphasised that minority institutions receiving any government grant, even as low as one per cent of their budget, can only offer religious teaching to students who volunteer for it, the report said.
He said, “We accept the position that a minority institution, wholly funded by the state, cannot impart any religious teaching to its students. When it receives any grant, even if one per cent of its budget comes from the government, the minority institutions can provide religious teaching only to students volunteering for it.”
The discussion also touched on the establishment of Aligarh Muslim University (AMU) and its minority status, with the solicitor general pointing out contributions from multiple communities towards the university’s reserve fund.
Additionally, the bench highlighted that the historical non-minority character of AMU, as defined in the AMU Act, cannot be altered based on post-Constitution considerations.
The solicitor general also noted the significant government grants received by AMU, emphasising its national importance and high ranking among universities, the TOI report added.
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