Aligarh Muslim University Minority Status Case : Live Updates From Supreme Court Hearing

Dhawan: Now I'll come to my written submissions my lord....

Dhawan: now id like to take you to the statement of Objects and reasoning..

CJI: 1. look at the antecedent history of the institution, 2, the purpose of the statute, and place the provisions of the statute in backdrop of the history and purpose , the mere fact that a statutory provision somehow restricts a minority institution could otherwise do in the absence of the statute could not be a ground to deny its status under minority character .... and recognition and affiliation, you have to apply else your degrees would never be ...

Dhawan : even for schools

The Court resumes

CJI : sorry to keep you all waiting, both Justice Khanna and I were in a meeting with members of the bar, senior advocates designation that is something very important just the preliminary ground work which has to be done.

Sibal : a person from minority college can get affiliated with a university and get a degree there,in case of a university that cannot happen, without a university degree you cannot get employment, the real problem is if you say I should have continued as a minority institution, nobody would have been employed.

The Court breaks for lunch.

Dhawan takes the bench through te remaining provisions of the original AMU 1920 Act

Dhawan now refers to subsection 3 - the purpose of this is administration will stay with the supreme body.

Dhawan takes the bench to statutes and ordinances.

Dhawan: s.23 is very significant , it provided that no person other than a Muslim can be a member thereof. this continued till 1951. this is very important when you come to administer, the court was hands on in the administration of the university as is clear from subsection 2

"(2) The Court shall be the supreme governing body of the University and shall exercise all the powers of the University, not; otherwise provided for by this Act" 

Dhawan: all these provisions show the purpose- grant eduction to the Muslims .

Dhawan: the s. 13-14 are taken care of when your lordships wanted to now what the internal factors/ templates were.

Dhawan : A Bahsa interprets S.4 negatively, our interpretation taking into mind the antecedent history which yourlordships now accept to be taken into account. St Stephens has a huge para on this, it says even the motifs in St Stephens shows its character.

Dhawan takes the bench to S.5(2) of the Act - this is the purpose that has been ignored by A Basha

Dhawan : if A Basha is right, no university can be a minority . All deemed universities require statutory character. This implication is of a very important significance. Now let me take you to the 20 (1920) Act

Dhawan reads the preamble of the 1920 Act as it was before the amendment.

Dhawan : this is the continuity that is there....the continuity you will see in S.4 ...this is the continuity recognised by the act, there would have been no Act much for the foundation coming here.