Aligarh Muslim University Minority Status: Live Updates From Supreme Court Hearing [Day 8]
The Supreme Court will continue hearing the case concerning the minority status of the Aligarh Muslim University.A 7-judge Constitution Bench comprising the Chief Justice of India DY Chandrachud, Justice Sanjiv Khanna, Justice Surya Kant, Justice JB Pardiwala, Justice Dipankar Datta, Justice Manoj Misra and Justice Satish Chandra Sharma will hear the matter.The reports of the hearings from...
The Supreme Court will continue hearing the case concerning the minority status of the Aligarh Muslim University.
A 7-judge Constitution Bench comprising the Chief Justice of India DY Chandrachud, Justice Sanjiv Khanna, Justice Surya Kant, Justice JB Pardiwala, Justice Dipankar Datta, Justice Manoj Misra and Justice Satish Chandra Sharma will hear the matter.
The reports of the hearings from the previous days can be read here, here, here, here, here, here, here, here, here and here
Follow this page for live updates:
Arguments concluded on both sides. The Judgement is now reserved by the bench
Remaining intervenors give their rejoinders
Sr Advocate Khurshid gives a short submission on issue of constitutional morality as seen from the Case of Keshavanada Bharati
Mr MR Shamshad gives a brief submission on rejoinder arguments on the issue of denominational and non-denominational institutions
Sibal : it would be an unfortunate day mylords, in a secular country wedded to plurality, wedded to the cause an inclusive India, we are arguing that take away it was never a minority institution. that will be a sad day in history
Sibal gives a brief on previously dealt with arguments on "establish and administer"
Sibal refers to SC decisions to address the argument of "Surrender of rights" - surrender, waiver etc are completely alien to our constitution.
Sibal refers to constitutional provisions on Institutions of National Importance - List 1 - entries 61, 63, 64,67; List II - entry 12, List III- entry 40, Schedule 6 S.3(A)(n) and S. 3(A)(b).
Sibal : another argument made was that we were loyal to the British so were the soldiers loyal to the British when they found in WW1, and so were Allahabad University and IAS officers, is that an argument? that's a communal argument. Let us not deviate from the essential constitutional question. Loyalty to the British or there were several people who were not part of the freedom struggle that doesn't mean that they were not loyal to India, their concepts were different, some people wanted social change. Netaji said I will revolt, I will be part of the Axis, others said I will be part of the Allies. We cannot put a status to an institution based on these kinds of considerations. Wholly irrelevant and divisive.
Sibal explains the two schools of thought- conservatives and liberals, it was the liberals who wanted AMU modelled on western education and hence 30 lacs was the condition by the Imperial Govt. to set up the university
Sibal : therefore iam saying again and again the concept of establishment in the constitution is different from the meaning under a statute
Sibal reads from submissions