The Jamia Millia Islamia Act, 1988
๐ Background & Purpose
Jamia Millia Islamia (JMI) was founded in 1920 during the freedom movement by leaders like Maulana Mohamed Ali Jauhar, Dr. Zakir Husain, and Hakim Ajmal Khan as a nationalist alternative to colonial institutions.
Initially, it was a deemed university (1962) under the University Grants Commission Act, 1956.
To give it full-fledged status as a Central University, Parliament enacted The Jamia Millia Islamia Act, 1988 (Act No. 58 of 1988).
Thus, the Act grants JMI the same constitutional and legal recognition as other Central Universities like JNU, BHU, AMU, etc.
๐ Structure of the Act
1. Short Title & Commencement (Section 1)
Called The Jamia Millia Islamia Act, 1988.
Came into force on 26 December 1988.
2. Establishment of the University (Section 3)
Declares Jamia Millia Islamia as a Central University.
It is a body corporate with perpetual succession, power to acquire property, sue and be sued, and to perform academic functions.
3. Objects of the University (Section 4)
The objectives are:
To provide instruction in diverse branches of learning.
To promote innovation in teaching and research.
To preserve and promote Islamic and composite Indian culture.
To advance education and research in technical, vocational, professional, and liberal fields.
4. Powers of the University (Section 5)
The University can:
Confer degrees, diplomas, certificates.
Admit students and prescribe conditions of admission.
Institute and appoint professors, readers, lecturers, and other academic staff.
Establish departments, centers of studies, and hostels.
Maintain discipline among staff and students.
5. Authorities of the University (Section 21)
The Act lays down the governing bodies:
Court โ supreme governing body.
Executive Council โ principal executive body.
Academic Council โ principal academic body.
Finance Committee, Faculties, Boards of Studies, etc.
6. Visitor of the University (Section 6)
The President of India is the Visitor of Jamia Millia Islamia.
Visitor has powers to call for reports, order inspections, and give directions.
7. Chancellor, Vice-Chancellor, Pro-Vice-Chancellor (Sections 9โ12)
Chancellor: ceremonial head of the University.
Vice-Chancellor: principal executive and academic officer, responsible for daily administration.
8. Statutes, Ordinances, and Regulations (Sections 26โ28)
These provide the detailed legal framework for running the University (admissions, examinations, service rules).
๐ Important Case Laws
1. Azeez Basha v. Union of India (1968, SC)
Concerned with Aligarh Muslim University (AMU), but relevant to JMIโs legal status.
SC held that AMU was not established by Muslims but by an Act of Parliament, hence not a minority institution under Article 30.
This reasoning has often been compared to JMI since it was also made a Central University by an Act.
2. In Re: Jamia Millia Islamia Minority Status Case (2011, Delhi HC)
Question: Is JMI a minority institution under Article 30?
The Court observed that JMI was originally established by Muslim leaders in 1920, not by Parliament. The 1988 Act only incorporated it as a Central University, without changing its foundational character.
Thus, JMI could claim minority status.
3. Union of India v. Jamia Millia Islamia (Pending in SC, post-2011)
The Central Government challenged the minority status conferred on JMI by the National Commission for Minority Educational Institutions (NCMEI).
The matter is still under consideration by the Supreme Court, similar to the ongoing AMU minority status issue.
๐ Significance of the Act
Gave Jamia Millia Islamia the status of a Central University.
Integrated it within the framework of Indian higher education under UGC.
Ensured funding, recognition, and standardization of academic programs.
Became the basis of later legal disputes regarding minority rights vs. central university status.
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In summary:
The Jamia Millia Islamia Act, 1988 elevated JMI from a deemed university to a Central University. It set out its objects, powers, governance structure, and administrative framework. However, because JMI was originally established by nationalist Muslim leaders in 1920, the Act sparked debates on whether it should retain minority institution status. Courts have examined this issue, and the matter continues to be legally significant, especially in the context of Article 30 of the Constitution.
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