Aligarh Muslim University Minority Status: Live Updates From Supreme Court Hearing [Day 8]
Dhavan refers to S.17,18,19,20 of the AMU Act.
Dhavan : so as far as the officers of the University are concerned, it is the court that appoints or elects
Dhavan takes the bench to S 22- as far as the authorities are concerned the Lord Rector and the Governor General are not Part of the Authorities.
Dhavan reads S.23
Dhavan : on administration, I want to address 4 phases- 1. 1920-51, given the position of the court, it clearly establishes the minority character; 2. 1961-1965- read to be with Basha, more changes were made, 65 Act it was made Supreme to advisor ; 3. 1965-81....the minority character was robbed to some extent from 1951-65. 51 Act specifically says that the statute was to be brought in conformity with the constitution and this is the finding in Basha and 65 is an emergency measure, which is recognised not just in speech of Mr Chagla but also in the SOR in the 72 Act. Otherwise through this period, it is a minority character that existed but for this judgement in Basha and the Statute
Dhavan reads the AMU Statute to draw on the supervisory functions of Lord Rector and provisions on the officers of the University.
Dr Dhavan : I want to go into the question of administration, but before that there were a few random arguments, ill just make another small argument
Dhavan ; they said that the 1920 statute was standalone, every single statute dealing with minority is standalone, nothing my lords emanates from that.