But a particular linguistic or religious community can be in the minority in one state, while being in majority in another. In such a case, who decides whether a particular community – linguistic or religious – is, in fact, in minority?

According to a Supreme Court judgment in TMA Pai Foundation vs State of Karnataka (2002), a particular community, whether linguistic or religious, can only be called a minority, if its strength is demographically low in that particular state. Therefore, calling a community a minority does not depend on its numbers at the national level, but only at the state level.

Can an educational institution established by an individual from a particular community for the benefit of the larger community, qualify as a minority institution?

The Supreme Court in State of Kerala vs Mother Provincial , 1970, opined that any educational institution established by an individual from the community can attain minority status, so long as “the intention in either case must be to found an institution for the benefit of a minority community by a member of that community”.

How did this amendment restore AMU’s minority status?

There are two ways in which the amendment officially declared the Aligarh Muslim University a Minority Educational Institution. First, the expression “educational institution of their choice established by the Muslims of India” essentially means that the Aligarh Muslim University was set up by the Indian Muslim community, which constitutes a religious minority in this country. From this it follows, that the education institution so established by a religious minority is, in fact, a Religious Minority Institution. Second, the amendment notes that AMU “originated as the Muhammadan Anglo Anglo-Oriental College” and was “subsequently incorporated as the Aligarh Muslim University.” This blurred the earlier distinction established between the Muhammadan Anglo Anglo-Oriental College and the AMU in the Azeez Basha judgment of Supreme Court. Third, Section 5(2)(c) of the same amendment read: “To promote especially the educational and cultural advancement of the Muslims of India.” This further strengthened AMU’s position as an Educational Minority Institution.