Aligarh Muslim University Minority Status : Live Updates From Supreme Court Hearing [Day 4]

The Court concludes the hearing for the day.

CJI: s. 7 means that the entire 30 lacs which was the initial muslim corpus was really what was transferred from the MAO and the Muslim University Associate

SG : correct, S.4 also says that , therefore I say that while dissolving one body, the Act will have to do something about the property.....what my lords would be necessary would be establishment and administration

CJI: the finance would have some bearing on the establishment right. The person who has established may have contributed to the finance, that's a very important indicator.

SG : 30 lacs came from several people including Hindu rajas, kings ...

Dr. Dhavan interjects

SG ; Just imagine if I did what they are doing

CJI : i was trying to figure out if the act has any privision for finance, see section 7...

SG : 7. Reserve fund.— The University shall invest and keep invested in securities in which trust funds may be invested in accordance with the law for the time being in force relating to trusts in [India] a sum of thirty lakhs of rupees as a permanent endowment to meet the recurring charges of the University other than charges in respect of fellowships, scholarships, prizes and rewards: Provided that— (1) any Government securities as defined in the Indian Securities Act, 1920 (10 of 1920), which may be held by the University shall, for the purposes of this section, be reckoned at their face value; and

(2) the aforesaid sum of thirty lakhs shall be reduced by such sums as, at the commencement of this Act, the Governor General shall, by order in writing, declare to be the total capitalised value, for the purpose of this section —

(a) of all permanent recurring grants of money which have been made either to the Muhammadan Anglo-Oriental College, Aligarh, the Muslim University Association or the Muslim University Foundation Committee, by any Ruler of a State in India; and

(b) of the total income accruing from immovable property (not being land or buildings, in the occupation and use of the said college) which by the operation of this Act has been transferred to the University

SG refers to S.6 of the 1920 Act

6. Recognition of degrees.— The degrees, diplomas and other academic distinctions granted or conferred to or on persons by the University shall be recognised by the Governments as are the corresponding degrees, diplomas and other academic distinctions granted by any other University incorporated under any enactment

SuryaKant J : do you have any material on record to show the recurring expenditure of the University from 1920-1950 and who funded those

SG : as of now its 1500 crores per annum, I'll try and find out there will be maybe something on record.

Dr. Dhavan : it was about 25%   

SG refers to preamble, s. 4 of the AMU Act

SG refers to other sections of Act of 1920

SG : there are two types of legislations. this is going to the root of the question. Some legislations will be ones recognizing an existing fact and some legislations which in law incorporates or establishes something new, a new entity comes into being..

SG : this a legislation where it is not recognizing anything, it establishes and incorporates an new entity. Basha is only 1920 Act specific it does not lay down a law of universal application that once you are incorporated you are not a minority institution. The other side reads Basha to mean that if you are incorporated as university from date of incorporation you status goes, that's not what Basha holds. Basha merely examines the 1920 Act and hold that you are not a minority university. 

SG now refers to S.12 of the 1920 Act

SG: the purpose is that decision making is not in the hands of a body having Muslim majority.... administration is the body which administers the university, the rest of the people will do they part as assigned by the body

Khanna J : prior to 1947, the British govt. could have established an institution and also formulated the role of the people, but given the administration to the Hindus or the Muslims..

SG : because of the request, that I don't insist but pls respect local sentiments of Hindu and Muslims, not with an intention to make it a minority institution. The inclusion of Muslims that was also with the intention of respecting sentiments  

SG : at the time of the establishment of AMU no decision was done by anyone other than the legislative council. First ordinance, statutes and both the documents on governance, its part of the Act itself.

Khanna J : the term used in the constitution is 'administer' , now the issue would be day to day administration of the university, that would be the test? or it will be the test to see as pointed out by councils of the other side - de facto who had the control? who are in charge and taking decisions. Just keeping in mind also Article 28 and the bar created, and restrictions created by that....

SG continues to read s.30 - complete governmental control, outside control. Kerala Bill your lordships would remember says sprinkling of outsiders, complete control of the administration by the minority community with sprinkling of outsiders.

SG refers to s.32 on admission provisions.