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

SG refers to S.30 of the 1920 Act - he says non-denominational, govt controlled ordinances will be the first ordinances. It cannot be amended without his approved (governor general's) .... see my lord the absolute power... my lord same provision is for statutes also

SG: my purpose at the outset is to please consider the history, historical background in which the act comes into force, in the act also, wholistically, one or two provisions may or may not make it a minority institution. Iam respectfully urging that the Britishers were very clear that it would be non-denominational, and it would have our full control. If these are the two things then it is not a minority institution. 

SG refers to S.8 of 1920 Act

8. University open to all persons.—The University shall be open to all persons (including the teachers and taught) of either sex and of whatever race, religion, creed, caste or class:

SG : a minority institution can be open to everyone, that wouldn't rob it of its minority character if otherwise its other attributes are satisfied

SG reads S.5 of the AMU Act 1920

5. Powers of the University.— The University shall have the following powers, namely:— (1) to provide for instruction in such branches of learning as the University may think fit, and to make provision for research and for the advancement and dissemination of knowledge; (2) 3 [(a)] to promote Oriental and Islamic studies and give instruction in Muslim theology and religion and to impart moral and physical training;... 

SG refers to the scheme of the AMU Act 1920

SG refers to the documents of governance framed by the governor general in counsel in the AMU Act

SG continues reading from his submissions.

CJI : but Mr. Solicitor, the note that you have put there that really is fundamentally inconsistent with the principles underlying article 30. A minority institution may set up a purely secular form of institution, then you said that the minority element was a small portion of the larger idea of Sir Syed, this cannot be a correct constitutional test to apply....Sir Syed's idea was to set up an entirely secular educational institution...

SG : and still be a minority... my lords I am not on that...the difficulty is that we are testing something that happened in 1920 based on article 30, which was not there at that time  

SG while referring to his notes submitted that MAO college was built on govt. land and not private land, that it was supported by govt. funds.

SG reads from written submissions on the history of MAO to AMU

Dr. Dhavan : we are objecting to the contemporary material referred after the statement of Gandhiji

SG : If I would have done this he would have abused like a street pedestrian ... you interrupt me at a very right time

Dwivedi : They rely upon Sir Syed Ahmad Khan whos the founder of AMU, this book the loyal musalman was written and the whole purpose of this MAO based on that was to create an educated class of muslims who are loyal subjects, that is his own book, so the others maybe discarded...