Aligarh Muslim University Minority Status Case : Live Updates From Supreme Court Hearing

Dhawan takes the bench to the provisions of 1920 Act

CJI : you said university education was based on two templates, one was the external and internal would be internal management of the university?

Dhawan : my lord how the university runs

Dhawan briefly indicates his broad arguments on the issue of Azeez Basha - 1. Basha says universities can be a minority; 2. Basha recognises the antecedents and role that AMU had in building this institution and it is said it is clearly Muslim, 3; it ignores completely the purposes of the act

Dhawan : In all universities the rector, the chancellor has advisory power and that will not interfere with the minority status. My next point is that A Basha ignores the alternative meanings to "Establish" and misunderstands the importance of "Recognition". these are the broad arguments as A Basha gives a very narrow view of Article 30

Dhawan takes the bench to the Antecedent History of the AMU.

Dhawan : this is the antecedent history and one should recognise this. But the court says I am sorry the 1920 Act will by the establishment and that's the end of it. then the preamble says - it is expedient to establish and incorporate a teaching and residential Muslim university and to dissolve the societies known as MAO. Now this is important - the continuity was established from the pre1920 to 1920 Act.

Dhawan says A Basha went slightly wrong in applying article 26, it says that - since you're out in 30 (article) how can you have a right under article 26 ?

Dhawan elaborates on the two concepts of secularism - the first comes from 25 (2)(a) and this is the negative view, saying a narrow view, the wider view is what we understand as part of the basic structure. Now coming to article 30, all minorities whether based on religion or language ...

Dhawan : what is a minority is anterior to this, establish and administer are the rights that flow from the recognition of minority, it's important that your lordships may settle it, what is it that makes a minority, the 3 questions in my mind are the origin, the second is of nexus - whether they found the institution or not and thirdly is on the issue of numerical test

Dhawan : starting with A Basha , before that I will take you to article 30, the heart and soul of secularism as far as minorities are concerned, now have a look at the importance of articles 25 and 30, this is the crux of understanding of what has to be done in this mult-diverse country. Take away this aspect and the entire color of our constitution changes .

Dhawan reads from his written submissions.

Dhawan stresses on the contrary stands UOI has taken before the Allahabad HC on the status of AMU

Dhawan: If you look at India today, private and minority institutions are the heart of India today. the UOI has always defended the statute... how can because of the regime change they say we change our stance.

Dhawan : 4. Is A Basha contrary to the constitutional dispensation ...

Dhawan says that the bench while deciding will go into the heart of the Indian secularism and the heart of the diversity of this Country

Dhawan : 3. Was A Basha correct in accepting the antecedents's historical data on AMU 's Muslim character but denying its constitutional significance while deciding the issue of minority status

Dhawan puts forth the issues which arise

he says - 1. Was Azeez Basha correctly decided, 2. what is the effect of the National Commission of institutions act read with UGC? should Basha be reconsidered in the light of NCMI and read with UGC and Yashpal

Dhawan now refers to his written submissions

Dhawan : I have indicated what the possible reference could be ... whether the decision in Azeez basha is internally contradictory on the reasoning on facts and law, contrary to the decisions of this court render nugatory by subsequent statutory changes and contrary to constitutional dispensation of article 30