AMU Case - Sixth & seven (a)th Point

In 1981, amendments were made in the Aligarh Muslim University Act broadly providing the University to mean the educational institution of their choice established by Muslims. This post explains that this amendment is arbitrary and ultra-vires the Constitution.

Sir Syed Ahmad Khan, the founder of Aligarh Muslim University - Picture Courtesy Wikipedia

ALIGARH MUSLIM UNIVERSITY AND MUSLIM RESERVATION

Introduction।। Points Involved in the Case।। Institution Should Be Established and Administered।। AMU Established by the Principal Act।। AMU Not Administered by Minority।। Legislature Can Not Reverse Decision।। Article 30 - Electoral And Not Numerical Minority।। 1981 Amendments Are Arbitrary।। 1981 Amendment is Against Secularism।। Long Standing Decision May Not be Overruled।। Bourbaki & Zero।।।।

In the Basha case, it was held that AMU was established by the Principal Act (kindly see 2nd submission). This finding cannot be reversed unless the basis is changed. This can only happen if the Status quo ante or the way things were before the Principal Act come into existence. In other words, the Principal Act is repealed and the administration as well as properties are reverted back to the MAO. This has not happened. 

Declaration in section 2(l)—broadly providing the University to mean the educational institution of their choice established by Muslims is 'pure fiction' and as Holmes J. in Haddock vs. Haddock {201 (1906) US 562, 630} observed, 

“Fiction always is a poor ground for changing substantial rights.” 

It is dissenting opinion but words of wisdom.

There is no change in the basis for the decision in the Basha case. The legislature cannot reverse it (kindly refer to answer of the fourth submission). Section 2(l) providing artificial definition to the word ‘University’ is arbitrary. An arbitrary statutory provision violates Article 14 & 16 of the Constitution. It is void. 

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#AMU #AligarhMuslimUniversity #MuslimReservation #Arbitrary