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The Supreme Court by a 7-2 majority held that not all private property constitutes ‘material resources of the community’ in Articles 39(b) and (c) to be acquired and redistributed by the State. It overruled the decision of Sanjeev Coke which held that private resources also come under the material resources of the community. The judgment for the majority was written by Chief Justice Candrachud. (i) What is the correct interpretation of Article 31C of the Constitution after the judgment of Minerva Mills v. Union of India (1980 INSC 142 ) (“Minerva Mills”)? (ii) Whether privately owned property constitutes ‘material resources of the community’ which can be acquired and distributed by the state in furtherance of  Article 39(b) of the Constitution.

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He further  held that Rahmaniya was concerned with the registration of a minority institution under the Societies Registration Act, while Azeez Basha addressed the incorporation of a university by statute. Thus, referring Azeez Basha to a seven-judge bench was unwarranted, even on merits (¶42 J. Datta). The majority held that merely because an institute is created by a statute does not strip it of minority status. The majority also held that Article 30(1) protects institutes established before the Constitution came into force in 1950.

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The article highlighted caste-based discrimination in prisons. The Petitioner subsequently approached the Supreme Court under Article 32 of the Constitution challenging the constitutionality of various provisions in State Prison Manuals. Parliament cannot occupy a regulatory area merely by issuing a declaration under Entry 52, the state legislature’s power is only limited to the extent of the law passed by Parliament (¶140(b) CJ. The Supreme Court held that The legislative scheme of the Madarsa Act shows that it is not a law to provide religious instruction; rather it has been enacted to regulate the standard of education in Madarsas (¶65). The Court held that the State has an interest in ensuring that minority educational institutions provide standards of education similar to other educational institutions and it can enact regulatory measures to raise educational standards (¶¶74-75).

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The constitutionality of the MHADA will now be decided by a regular bench based on the principles laid down in this case. The Supreme Court held that the state legislature of Uttar Pradesh was competent to enact The Madarsa Act under Entry 25, List III (“Education” under the Concurrent List). The Court held that just because the education which is sought to be regulated includes some religious teachings or instruction does not push the legislation outside the legislative competence of the state (¶85). It also directed the State Government to take steps to accommodate all students studying in Madrasas in schools recognised by the Education Boards of the State of Uttar Pradesh. Several Special Leave Petitions were filed against the judgment of the High Court. On 5 April 2024, the Supreme Court stayed the implementation of the judgment while it heard the case.

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Similarly, a PSU choosing only empanelling a certain number of persons as potential arbitrators will cause a reasonable person to think that it might have nominated them because they favour the PSU (¶135 J. Chandrachud). Justice Roy held that unilateral appointments are not inherently invalid, as long as they do not fall within those prohibited by the Seventh Schedule. Justice Narasimha held that courts should determine whether a specific unilateral appointment of an arbitrator warrants prohibition. Section 12(5) of the Arbitration Act disqualifies persons specified in the seventh schedule of the Act from being appointed arbitrators because their relationship with the parties could interfere with the tribunal’s impartiality. Justice Datta observed that the societies linked to AMU’s claimed minority heritage dissolved with the enactment of the AMU Act (¶77 J. Datta). He further ruled that the governance structure, funding, admissions, and appointments in the University demonstrates an involvement of the State which amounted to absolute control over the administration of the University (¶101 J. Datta).

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The majority held that Section 6A aligns with the fundamental purpose of Articles 6 and 7 of the Constitution, which seek to provide citizenship to individuals of Indian origin who suffered from political disturbances in neighbouring nations (¶132 J. Kant). In any case, the provisions in Part II of the Constitution (Arts 5-11) only prescribe who would be granted citizenship at the commencement of the Constitution. Citizenship after the commencement of the Constitution would be governed by Parliamentary law (¶139 J. Kant, ¶¶31,39,40 J. Chandrachud). Chief Justice Chandrachud held that Article 246 read with Entry 17 of List I in the Seventh Schedule confers Parliament the power to enact laws on citizenship (¶¶34-35 J. Chandrachud). Following the Bangladesh Liberation War in 1971, there was an influx of immigrants into Assam. Various groups protested against the influx of immigrants resulting in the signing of the Assam Accord on 15 August 1985 between the Union Government and the protesting groups.

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