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

CJI : we proceed on this basis that the Court was supreme executive authority and post 1951 therefore, the membership of the Supreme Executive Body is no longer defined by religion. You could be of any religion to be a member of the court.

Dhavan: that my lord is a consequential amendment from the Constitution.

CJI: no not really you may still have today even the managing committee of an education institution where the entirety of the managing committee consists of Parsi, Zoroastrians, Christians etc...

Dhavan: this significant, your lordships was right in going into the statute itself 

Dhavan refers to machinery provisions to bring things in conformity with the constitution.

Dhavan refers to various provisions within 1951 Act, including S.10, 14

Sr Adv Mr Rakesh Dwivedi interjects

Dhavan : my lord when I was president of the cambridge union society, we followed the rules of Parliament which was, somebody gets up, I accept his intervention or I do not accept his intervention. I do not accept that intervention my lord, for reasons stated by Mr Sibal. Karan Thappar goes on and on...we were the only father and son who were presidents 

Dhavan takes the bench to the 1951 AMU Act

Dhavan mentions that 10% to represent states will be Muslims; 60% elected who make donations are to be Muslims; 20% elected by the standing committee from All India Muhammadin Education need to be Muslims - all by virtue of the provision to S 23

Dhavan submits that out of the 28 members in the University's Academic Council, 15 have to be Muslims

Dhavan mentions that out of the 180 founder members, 124 members were Muslims

The bench is seen discussing amongst themselves

CJI : statute A says the court shall consist of the following members. The proviso to 23 (2) says every member of court has to be a Muslim. Therefore that will apply to every person under statute A

Dhavan : actually all of them, every single one has to be a Muslim

CJI : de jure

Dhavan: I am on de jure, de facto has been argued and to the extent I want to refer to it, Ill refer to it 

Dhavan mentions S.31 on Regulations - 31. Regulations.—(1) The authorities of the University may make Regulations consistent with this Act, the Statutes and the Ordinances— the governor general doesn't come under this ... so its the authorities which become very central

Dhavan mentions how the key officers of the university such as the treasurer and registrar were appointed by the court- all the appointments crucial to administration are appointed by the court

Dhavan : we are not denying thatin the imperial statute the governor general had overriding powers, but it doesn't take away from the power of the court, as a proposing body or otherwise, the initiation of the Court.

Dhavan now reads S.30(3)

Dhavan takes the bench to S 28 - here is an extremely significant power in the court. The nerve centre in the first stage and the third stage 81 is quite clearly the court and no body else . Huge powers as far as statutes and ordinances are concerned 

23. The Court.—(1) The Court shall consist of the Chancellor, the Pro-Chancellor, the ViceChancellor and the Pro-Vice-Chancellor (if any), for the, time being, and such other persons as may be specified in the Statutes.

(2) The Court shall be the supreme governing body of the University and shall exercise all the powers of the University, not otherwise provided for by this Act, the Statutes, the Ordinances and the Regulations and it shall have power to review the acts of the Executive and the Academic Councils (save where such Councils have acted in accordance with powers conferred on them under this Act, the Statutes or the Ordinances).

(3) Subject to the provisions of this Act, the Court shall exercise the following powers and perform the following duties, namely:—

(a) to make Statutes and to amend or repeal the same; (b) to consider Ordinances;

(c) to consider and pass resolutions on the annual report, the annual accounts and the financial estimates;

(d) to elect such persons to serve on the authorities of the University and to appoint such officers as may be prescribed by this Act or the Statutes; and

(e) to exercise such other powers and perform such other duties as may be conferred or imposed upon it by this Act or the Statutes.