CJI : but Mr. Solicitor, the note that you have put there that really is fundamentally inconsistent with the principles underlying article 30. A minority institution may set up a purely secular form of institution, then you said that the minority element was a small portion of the larger idea of Sir Syed, this cannot be a correct constitutional test to apply....Sir Syed's idea was to set up an entirely secular educational institution...

SG : and still be a minority... my lords I am not on that...the difficulty is that we are testing something that happened in 1920 based on article 30, which was not there at that time