Table of Contents
Analysis of The Hindu Editorial 1 : Universities are different from religious institutions
Introduction: AMU’s Historic and Cultural Legacy
Founded in 1877 by Sir Syed Ahmed Khan, the Muhammadan Anglo-Oriental (M.A.O.) College, which later became Aligarh Muslim University (AMU), represents a transformative chapter in Muslim education and cultural resurgence in India post-1857. Its evolution into AMU marks the collective aspirations of the Muslim community to establish an institution of higher learning. However, the question of its “minority character” has been a contentious legal and constitutional debate spanning decades. The 2024 Supreme Court judgment on AMU revisits and redefines these discussions, overturning earlier precedents like the S. Azeez Basha case (1967), which controversially denied AMU’s establishment by Muslims.
The AMU 2024 Verdict: A Liberal Interpretation of Article 30
The 2024 ruling aligns with a series of progressive judgments on minority rights in India. While the seven-judge bench displayed apparent dissent, key points of consensus emerged:
- Broad Agreement on Minority Criteria: The judges broadly agreed on a more inclusive framework for determining a minority institution’s character, emphasizing a holistic approach over rigid statutory interpretations.
- Revisiting Judicial Precedents: The majority decision reaffirmed the principle that a minority institution’s right to administer flows from its right to establish, a view echoed by former Chief Justice D.Y. Chandrachud. This perspective draws from cases like Maneka Gandhi (1978) and K.S. Puttaswamy (2017), which underscored the judiciary’s role in adapting constitutional interpretations to contemporary needs.
- Dissent That Wasn’t Absolute: While Justice Dipankar Datta diverged on the validity of certain references, his acknowledgment of the institution’s minority character underscored a shared commitment to safeguarding Article 30’s principles.
Judicial Discipline and Its Boundaries
Judicial discipline, while essential, should not constrain constitutional growth. The dissenting judges underscored this tension, yet their interpretation leaned heavily on statutory provisions. For instance:
- The Incorporating Act’s Significance: While statutory provisions are relevant, the broader intent and cultural legacy of AMU cannot be ignored. The majority rightly emphasized that incorporating statutes alone cannot define minority status.
- Historical Precedents on Minority Rights: The nine-judge bench in Xaviers (1974) and the Kerala Education Bill (1958) emphasized “choice” as central to Article 30. These rulings resonate in the 2024 judgment, reinforcing that minority institutions must retain autonomy in governance while adhering to efficiency standards.
Justice Datta’s Unprecedented Approach
Justice Datta’s unique stance on the references raised eyebrows. By declaring both references invalid yet proceeding to adjudicate the case, he ventured into uncharted judicial territory. This approach raises questions:
- Pre-judging Outcomes: His observation that history would “rewrite” AMU’s minority status suggests a bias that challenges judicial neutrality.
- Ignoring Continuity Clauses: Justice Datta overlooked provisions linking AMU’s establishment to M.A.O. College, a recognized minority institution. This omission undermines the argument that AMU inherited its minority character.
Universities vs. Religious Institutions: An Inappropriate Test
Expecting universities like AMU to exhibit an “exclusive communal character” conflates their secular educational missions with the role of religious institutions. This approach risks undermining the vision of Article 30, which aims to empower minorities to contribute to national progress through inclusive education.
- Avoiding Ghettoization: Universities are meant to foster diverse intellectual growth, not limit themselves to communal boundaries. The 2024 judgment rightly cautions against such restrictive interpretations.
- Governmental Oversight: Regulatory measures should ensure institutional efficiency without compromising autonomy. The court’s position that government oversight must serve public interest—not determine minority status—is a balanced stance.
AMU’s Enduring Legacy
The AMU judgments of 1968 and 2024 exemplify judicial scrutiny of Article 30 in action. The institution’s journey, from its roots as M.A.O. College to a globally recognized university, reflects its role as a bridge between minority aspirations and national progress. As Sir Anthony Patrick MacDonnell envisioned in 1896, AMU has become a hub of intellectual and cultural renaissance, fulfilling its founders’ dreams while contributing to India’s educational landscape.
Conclusion: A Path Forward
The AMU case underscores the delicate balance between minority rights and constitutional values. By affirming AMU’s minority character, the Supreme Court has reinforced the principle that minority institutions are integral to India’s pluralistic fabric. Moving forward, this judgment serves as a blueprint for nurturing educational excellence while respecting constitutional safeguards.
Analysis of The Hindu Editorial 2 : India needs a globally recognised public policy school
Introduction: Bridging the Gap in Policy Education
India, the world’s largest democracy, faces a perplexing irony: while it has a robust intellectual tradition and a complex political ecosystem, it lacks a globally renowned public policy school. Countries like the United States and the United Kingdom boast institutions such as Harvard’s Kennedy School and the London School of Economics, which produce leaders who shape global governance. India, despite its pressing developmental challenges, still sends its brightest minds abroad for policy training. This is not due to a lack of institutions but rather a reflection of India’s unique political and institutional landscape, which limits the impact of such schools domestically.
Why Public Policy Schools Thrive Elsewhere but Struggle in India
The Role of Power and Decision-Making
- Policy Institutions Need Influence: Public policy schools flourish when they directly impact decision-making and governance. In India, however, policy commentators and academics often face restricted access to those in power.
- Executive-Dominated Governance: Most policymaking authority rests with the executive branch, leaving limited roles for legislative deliberation or academic intervention.
- Weak Oversight by Legislatures: Unlike many other democracies, India’s legislature plays a minimal role in shaping policies, further constraining opportunities for expert contributions.
A Contrast with the United States
- Decentralized Policy Ecosystem: In the U.S., Congress independently crafts legislation, allowing policy experts and think tanks to actively shape public discourse and governance.
- Funding and Sustainability: This decentralized process sustains vibrant policy schools, think tanks, and advocacy organizations, which thrive on meaningful contributions to policymaking.
In India, however, the centralization of power within the executive—and often within political party leadership—diminishes opportunities for such influence, leaving policy experts dependent on proximity to top leaders.
Unique Challenges in India’s Policy Landscape
| Challenges | Description |
|---|---|
| Executive Centralization | Policy influence often depends on alignment with political leadership, reducing independent contributions. |
| Weak State Formalization | A disconnect between politics and policy sidelines broader policy discourse. |
| Power Tied to Political Regimes | Frequent regime changes can marginalize decision-makers, destabilizing long-term policy initiatives. |
These structural issues make it difficult for policy schools to produce professionals with meaningful, lasting influence, as they lack stable channels for contributing to governance.
Designing a Public Policy School for India
To build a world-class policy institution, India must break away from the western model and create an institution tailored to its political realities.
1. A Curriculum Rooted in Indian Realities
- Understanding Informal Networks: India’s governance often hinges on informal networks, caste hierarchies, regional elites, and grassroots movements. The curriculum must equip students to navigate this complex web.
- Beyond Theoretical Learning: Students should learn how to adapt policy theory to real-world situations, balancing idealism with pragmatism.
- Mapping Power Dynamics: Unlike western schools that focus on formal institutions, an Indian institution must teach students how power flows in opaque and personalized governance structures.
2. Empathy in Leadership Development
- Cultivating Empathy: Policy education must emphasize understanding the lived realities of citizens. Development leaders must avoid top-down approaches that often alienate those they aim to serve.
- Context-Driven Solutions: Policy interventions should align with local conditions to achieve meaningful, lasting change.
Creating a Stable Policy Ecosystem
For India to support a globally recognized public policy school, it must address structural imbalances in its governance system:
1. Decoupling Legitimacy from Proximity to Power
- Broad Institutional Space: A robust policy ecosystem should value the quality of ideas and public interventions over political proximity.
- Reducing Sycophancy and Opportunism: A culture that rewards merit and depth will stabilize public life and foster meaningful contributions.
2. Building Cross-Sector Networks
- Collaborative Partnerships: Partnerships spanning politics, civil society, academia, think tanks, and media can create a rich pool of expertise.
- Diverse Stakeholders: Such networks can ensure that policy ideas remain relevant across regimes, insulating them from political upheavals.
Way Forward: A Blueprint for Reform
India’s unique challenges demand an institution that combines policy expertise with an understanding of its socio-political intricacies. Such an institution must:
- Train Adaptive Leaders: Equip students with the skills to influence governance despite structural challenges.
- Foster Inclusivity: Build an empathetic and participatory approach to policymaking.
- Promote Stability: Establish networks that ensure continuity in policy influence across political transitions.
Conclusion: Setting a Global Example
A globally recognized public policy school in India would not only elevate governance standards domestically but also set an example for other developing nations. By grounding its curriculum and ethos in local realities, such an institution could redefine policy education and inspire a generation of leaders equipped to address complex challenges. Its success would prove that meaningful governance reform must begin with understanding the nuances of power and influence, creating a lasting impact on both national and global platforms.