Aligarh Muslim University Case : Live Updates From Supreme Court Hearing [Day 3]
A 7-judge bench of the Supreme Court is hearing today the case relating to the minority status of the Aligarh Muslim University (AMU).The bench comprising Chief Justice of India DY Chandrachud, Justices Sanjiv Khanna, Surya Kant, JB Pardiwala, Dipankar Datta, Manoj Misra and Satish Chandra Sharma will hear the issue.The bench, among other things, will consider whether minority status can be...
A 7-judge bench of the Supreme Court is hearing today the case relating to the minority status of the Aligarh Muslim University (AMU).
The bench comprising Chief Justice of India DY Chandrachud, Justices Sanjiv Khanna, Surya Kant, JB Pardiwala, Dipankar Datta, Manoj Misra and Satish Chandra Sharma will hear the issue.
The bench, among other things, will consider whether minority status can be given only if the institute is established by a minority. The matter was referred to a 7-judge bench in 2019. For a detailed reading on the reference, read this article. The report of the first day's hearing can be read here. The report of second day's hearing can be found here.
Follow this page for live updates.
CJI : we will now keep the matter on 23rd
The Court concludes the hearing for the day
Farasat : (referring to the written submission of the SG) the fact that I am a successful minority institution cannot be the basis of making me move out of my minority zone. A minority institution can be an Institue of National Importance, its not that only majority established institutions can be of national importance. Thats my final submission. Thank you Lordships
J SC Sharma : is there any other minority institution in the country which is 100% funded by the GOI ?
Farasat: I cannot answer that perfectly i do not have the data but most minority institutions including Jamia Milia Islamia is almost nearly 100 . Iam grateful
Farasat refers to women alumni of AMU
J Datta : over the last 100 years without the minority institution tag it has continued to be an Institution of National Importance how does it matter that if we are not with you on Basha so how does it matter for the people whether it is a minority institution or not ? its only the brand name AMU
Farasat: today because of the status quo orders on 81 amendment it continues to be a minority institution , in fact if your lordships uphold Basha first time clearly now, it will be a minority institution.
Farasat : education of Muslims and AMU go hand in hand, students from Bengal , Karnataka Orissa etc of Muslim families will send their children only to AMU, specially for women students, the burden of bearing the cultural markers of identity be it the majority or minority will always come on women
Farasat : total students today in AMU - 23675, Muslim 18700, which is 77.39%; Muslim female students - 81%; out of male students 79% are Muslims and overall composition 77.39%
Farasat refers to data on the management and student population of AMU
Farasat : that statute is the legal device and the establishing body id the registered society/ sponsoring body , this is what Basha misses
Farasat: the logic of Basha is the central legislature established the AMU and thats the meaning of establish for purpise of article 30... but what it also conflates is that it establishes by and through , established by a minority through a legal statute and this distinction is the fulcrum of all the minoritie institutions exist in the present day.
Farasat refers of UGC Regulation 2003
Farasat : Basha proceeds on the basis that you can either do one or the other, so you can be a minority You stay in your space but if you become a university and law requires you to enact something, then you lose your status , you cannot be both.
Farasat : the second point, AMU is one of the main factors for creating an educated Muslim class in India, it is responsible for it and it continues to nurture it. If your lordships come to the conclusion that It is not a minority institutions that would gravely damage the role played by AMU
Farasat : first submission is that the distinction between establishing an educational institution and the device to bring this into legal existence is well recognized in law and is completely ignored by Basha