Kumar : Kindly take judicial note of the fact that an MLA will be representing a political party or a political ideology. Sir, can you entrust the welfare of the students to a political party or a political ideology?
Kumar : Everything is wrong to give MLAs administrative powers. That will be a death knell to our democracy. MLAs are to be fearless in the floor of the house. They can't be made subordinate to the Govt.
Kumar: Sir, in the year 2015, Govt constituted a committee under local MLAs, for distributing houses under the Free housing scheme. That order was challenged as MLAs can't be given administrative powers.
J Dixit : Was it struck down?
Kumar : I myself argued it. Order stayed.
Kumar : Now under the CDC, MLAs take over the administration. MLA cannot be entrusted with any administrative power. That is unknown in our Constitution, it violates the separation of powers.
Kumar: In our constitution, it is the representative of peoples who hold the govt accountable. The hallmark of our democracy is holding the govt accountable by elected representatives. How can they be regarded as subordinate to govt?
Kumar refers to the composition of CDCs. It consists of MLAs.
Can MLAs be treated as subordinate to the Govt?, he asks.
Kumar: The power to discipline students is I am saying is police powers.
CJ: You say that CDC has no power to prescribe uniform.
Kumar : Right.
Justice Dixit : What is the police power sir? Sanskrit pathshalas prescribe uniforms, can it be police power.
Kumar : Supervisions over students is called police powers.
Justice Dixit : Judicial opinion is different. It is termed parental power not police power.
CJ : Why cannot uniform be related to maintaining academic standards? To maintain student discipline..
Kumar : By no stretch of imagination, uniform can be related to academic standards. CDC cannot have police power over students.
CJ : Whether uniform can't be prescribed to maintain academic standards?
Kumar : With great respect, academic standards have no relation with uniform. Academic standards deal with student-teacher, syllabus etc. CDC cannot have police powers over the students.