CJI : your argument is that article 30... ... Aligarh Muslim University Minority Status: Live Updates From Supreme Court Hearing [Day 6]
CJI : your argument is that article 30 incorporates twin tests - establishment and administration. Basha came to the conclusion that 1. AMU was not established by Muslims though it does recognise the history of the MAO etc because it was established by statute, that was the first limb of Basha; 2. on the review of the Act that it was not administered by the Muslims....1981 amendment according to you was intended to recognise the historical fact of the establishment of the university and brought about change both in terms of the definition of the preamble and definition of university...
CJI: but the second limb of Basha was that it has to be administered by the minority was... there was no alterations wrt the existing the statutory provisions with regards administration and therefore it was put across by Mr Banatwala that you cannot override Basha unless you deal with both establishment and administration test, and you had left the administration intact and therefore in that sense it would not fall in the ambit of ....
SG; Basha still stands, would stand
CJI: therefore your contention is that the 1981 Act did not take away the basis of Basha