AMU case: SC gives 3 dissenting judgements

November 08, 2024 11:11

AMU case: Chief Justice of India DY Chandrachud heading the 7-judge bench says there are four judgements in the case. Four judges give majority verdict, while three judges pass dissent judgement. CJI writes majority verdict for himself and Justices Sanjiv Khanna, JB Pardiwala, Manoj Misra.

CJI DY Chandrachud: Article 30(1) cannot extend to a situation where a minority community establishes an institute but has no intention to administer it. The ones which wants a greater state control cannot have a minority tag merely because of establishment and this can be done by a way of waiver.

"Article 30 shall stand diluted if it applies to only institutes those which have been established after the Constitution came into force. thus educational institutions established by minority which was established before the constitution came into force will also be governed by article 30."

CJI: "There were universities which were teaching colleges and the process of converting teaching colleges to teaching universities is a process of forming an educational institution and thus it cannot be seen this narrowly. it cannot be stated that an institute is formed by law just because the preamble of the act says so. ...fundamental rights will be made subservient to statutory language and formalism must give way to actuality ... court has to consider the genesis of the institute and court must see who was the brain behind establishment of the institution...it has to be seen who got funds for the land and if minority community helped."

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