DAILY FROM: AHMEDABAD, CHANDIGARH, DELHI, JAIPUR, KOLKATA, LUCKNOW, MUMBAI, NAGPUR, PUNE, VADODARA JOURNALISM OF COURAGE SATURDAY, NOVEMBER 9, 2024, MUMBAI, LATE CITY, 20 PAGES SINCE 1932 IN 4-3 RULING, SETS NEW TEST FOR MINORITY INSTITUTIONS SCaffirmsminorityrights,setsaside itsverdictthatrejectedAMU’sstatus Court leaves it to regular bench to apply the test, determine AMU’s minority status ANANTHAKRISHNAN G NEW DELHI, NOVEMBER 8 UNDERLINING THAT that the determination of the “minority character”of aninstitutionisnot a rigid concept, the Supreme Court, in a narrow 4-3 majority verdict, over-ruled its 1967 ruling which had held that Aligarh Muslim University (AMU) was not a minority institution. “The view taken in Azeez Basha…that an educational institution is not established by a minority if it derives its legal character through a statute, is overruled”, the majority verdict, authoredbyChief Justiceof India D Y Chandrachud stated. Along with the CJI, Justices Sanjiv Khanna, J B Pardiwala and Manoj Misra formed the majority while Justices Dipankar Dutta, Surya Kant and Satish Chandra Sharma wrote separate dissenting opinions. Friday was CJI’s last day in office. E E X P L A I NE D CONTINUED ON PAGE 2 THE SC’S TEST FOR ● STATUS ■ What’s the instituion’s origin? Purpose? Is there minority role in its setting up? ■ Does its administration affirm minority character and serve minority interests? CJI D Y Chandrachud gets emotional during his farewell organised by the SCBA as Attorney General of India R Venkatramani looks on, in New Delhi on Friday. ANI 3 dissent: 1 rejects minority status, 2 join him in questioning process AJOY SINHA KARPURAM NEW DELHI, NOVEMBER 8 OF THE three dissenting judges in the case to decide the minority status of Aligarh Muslim University, Justice Dipankar Datta was the only one who categorically said that AMU is not a minorityeducationalinstitution. However,allthreedissenting judges – Justices Surya Kant, DipankarDattaandSCSharma– were of the view that the 1981 order by a two-judge bench referringS.AzeezBashav.Unionof India (1967) was incorrect and, according to Justice Kant, sufferedfrom“multipleillegalities”. In the case of Anjuman-eRahmania v. District Inspector of Schools (1981), a two-judge benchdealing with the minority status of VMHS Rahmania Inter College,doubtedthecorrectness THE EDITORIAL PAGE A SPECIAL RIGHT AMU verdict is a pushback against political projects that impose uniformity PAGE10 RELATEDREPORTS,P6,9 of the Supreme Court’s decision in S. Azeez Basha — where the court had held that Aligarh Muslim university is not a minority educational institution under Article 30 (1). In Anjuman-e-Rahmania, the court held that the case “...may be placed before Hon. The Chief Justice for being heard by a bench of at least 7 judges so that S. Azeez Basha’s case may also be considered”. While the majority in the AMUcaseheldthatthiswasper- missible, Justices Kant and Datta in their dissenting opinions and JusticeSCSharmainhisseparate judgment held that this reference was bad in law. JusticeKantstatedthatatwojudge bench does not have the powertoreferacasetoa7-judge bench, and can merely suggest that the matter be placed before alargerbench.Thepowertoconstitute a bench of a specific size lieswiththeChief Justiceof India as the Master of the Roster. On the question of AMU’s minority status, Justice Kant agreed that the case should be referred to a separate bench. However, he disagreed with the criteria laid down by the majority for determining this status. While the majority held that a minority educational institution does not need to show that the minority community was in CONTINUED ON PAGE 2 On his last day in office, CJI Chandrachud: No greater feeling than to serve the needy ANANTHAKRISHNAN G NEW DELHI, NOVEMBER 8 THERE IS no greater feeling for a judge than to be able to serve those in need, outgoing Chief Justiceof IndiaD YChandrachud said Friday as he bid goodbye to lawyers in Court Hall 1 of the Supreme Court on his last day in office. He will be retiring on November 10. Later in the day, at a farewell eventorganised by the Supreme Court Bar Association(SCBA), CJI Chandrachud said, “I am probably one of the most trolled individuals and judges across the system... In a lighter vein, I am just wondering what will happen from Monday because all those who trolled me will be rendered unemployed.” Thereweremomentsofemotion as colleagues and lawyers heaped praises on him through theday.Afterthepronouncement of a judgment earlier in the day, the CJI wiped his moist eyes as JusticePSNarasimhasharedhow “extraordinary” had been their association. Recalling his days with CJI Chandrachud on the bench, Justice Narasimha said, “The openness with which he would hear every matter, ideas that he CONTINUED ON PAGE 2 ‘It’s the diversity of the nation which protects the basic structure of the Constitution’ D Y CHANDRACHUD Chief Justice of India PAGES 12-13 106 PM Modi targets Congress, tells OBCs & Dalits to stay united: ‘Ek hai toh safe hai’ China okays $1.4trillion stimulus, may affect FPI inflows into India 134 VALLABH OZARKAR SHUBHAJIT ROY, RAVI DUTTA MISHRA & AANCHAL MAGAZINE 09/11/2024 NASHIK, NOVEMBER 8 166 78 BUSINESS AS USUAL BY UNNY TARGETING THE Congress for “pitting one caste against another”, Prime Minister Narendra ModionFriday launched the BJP’s state AssemblyelecDECISION tion campaign 2024 from north MAHARASHTRA Maharashtra. At public meetings in Dhule and Nashik, CONTINUEDONPAGE2 BEIJING, NEW DELHI, NOV 8 PM Narendra Modi pays tribute to Chhatrapati Shivaji Maharaj in Nashik. PTI THE CHINESE government Friday approved a 10-trillion yuan or US $1.4 trillion (1 US$ = 7.17 Chinese yuan) package aimedatgivingaboosttoaslowing domestic economy and bailing out local governments. The stimuluscomesjusttwodaysafter Donald Trump won the US Presidency following a campaign where he proposed tariffs as high as 60 per cent on goods CONTINUED ON PAGE 2 India won’t travel to Pak for Champions Trophy, wants its games in Dubai: BCCI MAHARASHTRA PAGE 1 ANCHOR SANDEEP DWIVEDI NEW DELHI, NOVEMBER 8 READY TO GO TO JAIL 100 TIMES FOR MY WELFARE SCHEMES: SHINDE P 4 INDIAWILLnottraveltoPakistan for next year's Champions Trophy cricket tournament. The Board of Control for Cricket in India (BCCI), in a recent communication to the Pakistan Cricket ThelastIndia-Pakmatchwas heldinNewYorkonJune9 duringtheT20WorldCup. ICC Board, has cited security concerns behinditsdecisionandexpressedadesiretoplaythatIndia play all their games in Dubai. “Thishasbeenourstanceand thereisnoreasontochangethat. We have written to them and asked them to shift our games to Dubai,” a source told The Indian Express. The top eight teams of the world are to take part in the February 19 to March 9 50-over CONTINUED ON PAGE 2 ● REG.NO. MCS/067/2018 - 20 RNI REGN. NO. 1543/57 `5.00 ● WWW.INDIANEXPRESS.COM