Aligarh Muslim University Minority Status Case : Live Updates From Supreme Court [Day 5]

SG takes the bench to TMA Pai Judgement

SG: not after it set aside by the division bench of the HC and therefore it is not on record on the statute book and when Im not in an A v B situation, I'm in a constitution bench answering legal propositions whether such a thing can be done or not.... I am sorry pls don't make it a political thing (looking at Mr Sibal)

CJI: lets not allow the pristine character of the dialogue to degenerate

CJI : can we hear any officer of the Union govt. to say that not withstanding any parliamentary amendment , I don't accept this amendment

SG : Iam supporting the judgement

CJI: how can you say that I don't accept the validity of the amendment

SG give the example of the emergency provisions made

CJI: that's why the 44th amendment came, to address the evils which were perpetrated in emergency

SG : we decided my lords that these were the evils which were perpetrated.

CJI: obviously you prove my point. The power to decide that in with the elected body of the people , one cannot always say that what we did in the emergency is wrong and we can always rectify that 

Discussion took place about 1981 AMU Amendment Act

CJI: Parliament's cause is eternal, indivisible and indestructive and I cannot hear that the govt of India say that the amendment which is made I don't stand by

CJI: You have an option to change the amendment.

SG: I am not arguing a matter of A v B, I am before the a 7 judge constitution bench answering constitutional questions that is no.1; the amendment in question was then challenged in the HC and there is a judgement declaring that it is unconstitutional for A, b, c, d grounds; as a law officer it is my entitlement and right to say that this view appears to be correct.

CJI: the the law officer will be telling us that I don't abide by what the parliament has done, you have to stand by what the parliament has done. Parliament is undoubtedly supreme in its law making functions, it can always amend a statute  

SG : Mr. Sibal is generally not...but..

SG now takes the bench to 1951 Amendment Act 

Suryakant J : let's come back to the point. the argument is that the 1981 amendment you need not comment by saying that it has been erased from the statute book

SG : ill leave it at that, I will not be uncivilised in my arguments

Mr Sibal interjected to recall that we stood with the then AG (during the emergency) and then the AG did defend the amendments / emergency provisions

CJI: Parliament is an eternal, indivisible and indestructible entity in the democracy, how can you say that I don't accept the validity of an amendment?

SG: would a law officer be expected to say that whatever amendments were made during the emergency can be accept  

SG referring to the various disciplinary departments of the AMU - Muslim cultural association may send 5 people , they maybe Muslims, they can send others also, therefore I say what is required as per Kerala Education Bill, is sprinkling of outsiders, this not sprinkling this is predominantly outsiders

SG takes the bench to various Amendement Acts of AMU over the years

SG : not after the constitution

Khanna J : if we accept that, then why not before constitution ?

SG gives the example of BHU - if the vice-chancellors were appointed to be from Muslim community, would it make it a minority institution? what example we are discussing is true , the reversal also has to be true.