Aligarh Muslim University Minority Status: Live Updates From Supreme Court Hearing [Day 7]

Kumar submits how the draft Act of AMU in 1911 used the term 'amalgamation' which was later on removed

On the effect of 1981 amendment, Kumar takes the bench to the decision in Indira Sawhney 2

Kumar refers to submissions on the govt fundings to AMU in the last few years

Khanna J : so they wanted to provide a safeguard to prevent the state legislature from interfering. It will only be an imperial legislation and after the enactment of the constitution only the parliament can interfere.

Kumar : for the reason they are institutions of national character

Khanna J : the question that was posed by the CJI was will branding the institution of national importance do way with a minority character?

Kumar: the meaning therefore constitutionally is that this acquires certain character where it goes beyond certain character where it goes beyond all regular institutions, gets to the next level and that's why I was saying how by being declared by law so many other consequences follow, on the main things - substantial govt. funding... by which they become centres of academic excellence...

CJI: AMU was also set up on the same pattern as BHU ... Hindu leaders were given an undertaken that AMU would be on lines of BHU

Kumar: please see section 8 (of AMU Act 1920), it says that it is open to all , teaching of theology was for those who wanted to study... their choice means an institution for the development of that minority be it linguistic/ religious etc that's how you understand the expression their choice

Kumar refers to his written submissions on 'Their Choice'

Kumar reads from his written submissions

Kumar explains that 1935 Act did have a definition of the term "National Importance"

Kumar reads from Constitutional Assembly Debates (CAD)

CJI: there is nothing fundamentally inconsistent with a minority institution being of national importance. You can have a minoroty institution which is made by Parliament by law

Kumar mentions the talk of minority character that took place during the constitutional assembly debates 

Kumar : entry 63 is part of a string of entries in List I including 61, 62 etc ...