Live Law

2024-01-24 05:33:58.0

  • SG: the question is who is the ultimate decision-making authority in terms of administration

    Khanna J : there are two ways to look, one is with whom the final power is vested; the other is day-to-day administration...the day-to-day functioning is done by people who are at the helm of affairs, Lord rector will be having numerous functions, as per your argument the ultimate authority is not...because this argument proceeds on the basis of the ones who are actually running the day to day administration...like in criminal the persons in charge of the administration can be prosecuted and not the one who is symbolic in charge

    SG : even day to day administration was not in their hands

    CJI: Mr Solicitor the argument on their side was this - that you can establish institutions of your choice and you have a constitutional discretion to administer it, but if you give that discretion by giving the administration to non-minority that does not detract your position under article 30 

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