In AMU v. Naresh Agarwal (2024 INSC 856), a 4:3 Constitution Bench overruled Azeez Basha (1967), holding that an institution does not lose minority status merely because it was created by statute. Chief Justice Chandrachud clarified that “establishment” under Article 30(1) depends on the community’s role in founding it, not on statutory incorporation, and set criteria such as founding intent and community involvement. The Court left AMU’s minority status to be decided by a future Bench, while three judges dissented, maintaining AMU was created by legislation.
