AMU surrendered denominational character in 1920, can’t claim it now, Centre tells SC

During the day-long hearing, Justice Chandrachud asked Solicitor General Tushar Mehta, who is representing the Centre, about the status of AMU under the 1920 legislation and on the eve of the adoption of the Constitution.

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A seven-judge Constitution bench, presided by Chief Justice of India D Y Chandrachud, is hearing a reference made to it by a three-judge bench in February 2019. (Express File Photo)

The Centre on Tuesday told the Supreme Court that AMU had surrendered its denominational character at the time of its establishment by an Act of the British Parliament in 1920 and hence couldn’t claim the minority status.

A seven-judge Constitution bench, presided by Chief Justice of India D Y Chandrachud, is hearing a reference made to it by a three-judge bench in February 2019.

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During the day-long hearing, Justice Chandrachud asked Solicitor General Tushar Mehta, who is representing the Centre, about the status of AMU under the 1920 legislation and on the eve of the adoption of the Constitution.

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The CJI asked, “What are the indicia to indicate that when it was conferred with a university status, that it surrendered its minority status? The mere fact that it is given university status does not amount to a surrender of minority status or denominational status prior to Independence. We have to independently see whether by the 1920 Act, AMU’s denominational character was lost”.

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The SG pointed out that communications between the British officers and MAO college “show that from the very inception, the Imperial Government was clear that the demand for establishing a University by way of an enactment would only be accepted if the control substantially vests with secular/non-minority authorities”.

Ananthakrishnan G

Ananthakrishnan G. is a Senior Assistant Editor with The Indian Express. He has been in the field for over 23 years, kicking off his journalism career as a freelancer in the late nineties with bylines in The Hindu. A graduate in law, he practised in the District judiciary in Kerala for about two years before switching to journalism. His first permanent assignment was with The Press Trust of India in Delhi where he was assigned to cover the lower courts and various commissions of inquiry. He reported from the Delhi High Court and the Supreme Court of India during his first stint with The Indian Express in 2005-2006. Currently, in his second stint with The Indian Express, he reports from the Supreme Court and writes on topics related to law and the administration of justice. Legal reporting is his forte though he has extensive experience in political and community reporting too, having spent a decade as Kerala state correspondent, The Times of India and The Telegraph. He is a stickler for facts and has several impactful stories to his credit. ... Read More

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