Aligarh Muslim University Minority Status: Live Updates From Supreme Court Hearing [Day 8]

Sibal : therefore its a request please do not apply a test which may be constitutionally suspect. We are going wrong, because Basha was on the wrong footing

Sibal : the other thing ...the only fact in Basha is that because AMU is incorporated under the statute its not a minority. Thats the only fact... perhaps the 1981 Act takes away the basis of Basha

Sibal reads the letter written by Sir Syed Khand to Sir Elliot wrt ensuring the independence of the Institution although being under governmental supervision - what we understand by establishment is not the statutory form of establishment

Sibal stresses how administration only means running the day to day affairs and not getting any statute approved.

Sibal : Article 30(1) only contains 1 test, it doesn't contain 2 tests - I have to show that I have established the institution and the church of north India established St Stephens.

Khanna J : when we started the argument you had different argument that we are not going into the question of 'Or' we are accepting 'Or' which should be read as 'And'. ...now you are arguing that And should be read as 'Or'.

Sibal: there's no question of Or, I have never contended Or, its a right to establish and a right to administer. When somebody infringes the right whether the university or the govt I can challenge it , but to the extent that I am administering it if I feel that this element of free plain in the joints is good for me, I am happy with it. 

CJI : but if you are right that once you establish, then irrespective of whether you administer or not its your choice.

Sibal: I didn't say that, once I am established, if the govt interferes in my right to adminsiter I can challenge, that's all.... What my lord is putting to me is that I must demonstrate that I am administering a Muslim university, No! i was in 1920 , I don't have to go back to that position. Where does regulation end where does infringement begin is something that I have to decide.  

Sibal takes the bench to the decision in A Basha

Khanna J : your argument is if a minority establishes an institution it should be good enough for compliance for getting protection under 30. Therefore its my right to administer and my right to administer are these 4 points.

Sibal : you may expand it, I have not problems with that but my right to administer is my choice, I cannot give up FRs, but I can give it up for the time being, if I find it being interfered with I can challenge it. 

Sibal : look at the argument that the governor-general was not Muslim... does the President of India have to be Christian to get St Stephens a minority status? what kind of an argument is that? 

Datta J : In a particular (inaudible) can you say that 100% will be for a particular ctaegory?

Sibal : you cannot

Datta J: can you say 50% for a particular category?

Sibal: in minorities yes, that's the law and merit, we cannot do away with merit. It doesn't mean that I have lost my character or I have surrendered.

Datta J : because in 2004 for the first time you tried to reserve 50% for the PG Course prior to that you didnt.

Sibal : I'll tell you why, the area of (inaudible) had been reduced from 50 to 25% so therefore I wanted and it was struck down

SuryaKant J : just clarify does para 50 apply to minority govt aided institutions

Sibal : that also applies to govt. aided, it makes no difference. We are talking about administration nothing to do with minority or non-minority

Datta J : somewhere as to what will be the test for minority, because this is specifically dealing with private, unaided, non minority

Sibal : because the argument was that we should not be subject to anything. lets test in 1st principles, what does administration mean, it cannot vary if the institution is a minority or non minority. The meaning of administration cannot change. Unless I find it under Article 30 that not only do I have the right but I must administer it all by myself.