CJI : Basha upholds the 195, 1965 amendments, now... ... Aligarh Muslim University Case : Live Updates From Supreme Court Hearing [Day 3]
CJI : Basha upholds the 195, 1965 amendments, now the Allahabad HC set aside a 1981 amendment on the ground of Basha, now 2 questions arise before us, 1. what would be the consequence of our coming to the conclusion that Basha was wrongly decided on the amendments which were challenged in Basha; 2. if we hold that basha was wrongly decided then what will be impact on the Allahabad HC judgement ....actually if Basha is upheld then the 1981 act becomes subsidiary , 81 act purports to restore the minority character of the institution, if it held not be a minority
Sibal : that's the whole point you cannot rely on Basha to consider the 81 act
CJI : so ultimately our decision on the validity of Basha would impact upon not just the amendment but also has an impact of the Allahabad Judgement
Sibal : that will be decided by another bench, your lordships don't have to go into that