Khanna J : if we go by the question of dominance, it will have a lot of repercussions otherwise

Dwivedi: the question is to define, the court has been avoiding the definition.

CJI: you approach would be that the conferment or denial of minority status would depend upon the position of the founder in the dominating ruling group not that position of the minority in relation to the ruling group but the founder...in this case it was well conceivable that the Muslims were a minority in the constitutional sense but you're saying that because sir syed khan was a sub-judge , etc therefore he didn't consider himself to be a minority ....so it has to be the position of that group, its a group right it cannot be in relation to the position of the individual qua the rest or ..

Dwivedi : I'm sorry mylords, I said there are three aspect of minority, 1. numerical test, 2. dominance test, 3. did you consider yourself, so that part of the argument was the third test