In order to recapture the lost social groups in the electoral battle, the Congress party is mind blankly acting without any future directions. The recent controversial episodes are minority institution status to Aligarh Muslim University (AMU) by the Central government and five percent reservation for Muslims in public appointments and educational institutions by Andra Pradesh government. The first issue was enacted by the Union Human Resources Minister, Arjun Singh who enthusiastically got the Cabinet approval for the AMU academic council resolution demanding minority tag for AMU and the second one was introduced by Chief Minister, Rajasekhar Reddy in A.P. Both these acts were politically motivated and electorally aimed at than helping Muslims to overcome their social problems. So both these anti-secular initiatives deserve the judicial rebuffing which the courts have delivered one after another. Without any recourse and respect for the legal authority, HRD minister is now dreaming of bringing in a central ordinance to give back the quashed minority university status to AMU. No surprise if his dream turns into reality. But that will puncture future court rulings and set wrong precedence. Apart from insulting the court ruling, this act of Arjun Singh will create communal tensions.

It all started when the AMU academic council passed a resolution on 15 January 2005 giving 50 percent reservation for Muslims in the professional courses. This resolution was endorsed by the executive council of the university on 19 February 2005 and Union Cabinet gave the green signal on 25 February 2005. On 4 October, the Allahabad High Court invalidated the academic council resolution after taking up the petition filled by 34 affected students of post graduate medical courses. Hearing the petition filled by Dr. Naresh Agarwal and others, Justice. Arun Tandon in his 48 page verdict pronounced that AMU as a central university cannot discriminate students in admissions on the basis of religion or caste or race. He invoked article 29(2) of the constitution to make the point clear. That verdict allowed already admitted students to continue their studies but put a lid on the future recruitments using fifty percent reservation for Muslims provision. If the AMU administration has gone deep into the issue of fifty percent reservation for Muslims before seeking the union government approval, it could have easily avoided the legal defeat. But it did not look into St. Stephen’s College Vs. University of Delhi; (1993) SCC 558, T.M.Pai Foundation Vs State of Karnataka (2002), 8 SCC 481 and Islamic Academy of Education and another Vs. State of Karnataka and others (2003), 6 SCC 697 as well as in Vs Saruabh Chaduri case. In all these matters, Hon’ble Supreme Court has made it clear that there is no need for permission for any central university to make reservations. The issue is not just reservation but to spin politically explosive controversies and communal divisions in the society.

On 5 January 2006, the Allahabad High Court quashed the central Act 1981 giving minority institution status to AMU. It was Indira Gandhi government’s in 1981 which changed the name of Aligarh University into Aligarh Muslim University for political reasons. After twenty five years, the Court feels the heat of religious name hidden in a central university. Implanting religion in the government aided institutions is totally against the preamble of the constitution. State patronizing an educational institution with religious overtones is dangerous symptom for the future health of education in the country. Hence it is fair on the part of the court to take away the myth propagated ignorant elements. They wrongly quote article 30 of the constitution which prevents the state from stopping minorities to start and run educational institutions. While this article blocks negative function of the state it did not say that the state should be proactively involved in promoting minorityism. Article 29 clearly states no individual can be denied admission into an educational institute on the basis of religion, caste or religion. It calls for unbiased and objective mode of education. With such a clear cut constitutional prescriptions it is funny to have shortcuts in the name of minority institute. This will simply communalise the education system which has been built after innumerable sacrifices. The best way to promote national integration and religious unity is to make educational institutes open for those who are competent, brilliant and bright rather than giving admission on the community basis.

Of course the AMU issue whips up emotion strongly among the Muslim community which can polarize the society communally. Therefore it requires extreme care and caution to handle it. No doubt, there are vested interests operate behind AMU in fighting for minority institution status. The university should not fall into such hands.

AMU which is known for scholarship nearly for a century cannot be reduced to a minority institution. Without Sir. Syed Ahmad Khan’s sacrifices and vision, AMU could not have been materialized. He bore all the insults heaped on him by the royal and wealthy Muslims when he went around the country to collect donation for constructing a college for Muslims. So any effort to undermine the contributions of Sir. Syed Ahmad Khan needs to be condemned.

The goal of the minority institution status to AMU was to allow the university to give ample reservation for Muslim students in the professional courses where they are now underrepresented. If the aim is to improve the socio-economic conditions of Muslims in the country, why only in AMU? The initiative should be to identify the economically backward sections of Muslims and provide them all social benefits including livelihood, education, housing, healthcare etc. But giving blind concession across the Muslim community is not a commendable solution. The previous methods of affirmative actions have benefited only the richer sections of Muslims like Ashraffs, pathans, seikhs not the low caste Muslims. The poor Muslims are exploited using their ignorance and economic weakness as advantage.

Progressive and foresighted Muslim intellectuals like Asghar Ali Engineer and Irfan Habib have voiced against across the board reservation for Muslims. They advocated that proper social security is provided to economically backward Muslims which are highly relevant in the current social context.


At this stage, NDA is not dead. It is surviving with life supporting system. If there is any possibility of saving the life of NDA it will be surely with the help of Congress not by the doctors (read voters). Every policy of the UPA government aimed just winning the minority and SC/ST votes will help the right wing to regain politically. In the matters of corruption both the parties stand equally. If NDA committed coffin scam, there is an oil gate scam in Congress rule. If NDA was known for Tehelka scandal, congress has got Mitrokin exposure.

Now, the agenda for the Congress should be to identify the needy sections of the population without any caste, regional or any other bias to provide all social benefits rather than giving concessions to minorities blindly. The first priority can be to the socially disadvantageous groups among the economically backward class. But every poor and suffering Indian should be covered otherwise the reservation and affirmative actions will be futile.