A heated debate ensued between Chief Justice of India (CJI) D Y Chandrachud and solicitor general Tushar Mehta after Mehta stated that the government did not support the amendment to the Aligarh Muslim University Act enacted by Parliament in 1981. The amendment, which neutralized the Supreme Court’s 1967 verdict quashing the university’s character as a minority educational institution, is being reviewed by a seven-judge Supreme Court bench. The court is examining the correctness of the 1967 Azeez Basha judgment but has not yet decided on the validity of the 1981 amendment. Justice Chandrachud’s question about the government’s stand on the amendment sparked an intense debate. The amendment, which was struck down by the Allahabad High Court as unconstitutional because it breached the Azeez Basha ruling, redefined the university as one established by Muslims and that succeeded the Muhammadan Anglo-Oriental College. The CJI emphasized that it is not appropriate for a law officer to say that he does not support a Parliament-enacted legislation, as Parliament is the supreme legislative body. However, Mehta argued that the law was declared unconstitutional by the Allahabad High Court and the government sought to withdraw its appeal after reconsideration. Mehta further stated that the amendment ceases to exist on the statute book since it was struck down. The government is duty-bound to state the correct position of law as enunciated by the Supreme Court in the Azeez Basha case, which ruled that AMU is not a minority institution as it is neither established nor administered by the Muslim community. The debate also touched upon support for Emergency-era constitutional amendments and the overthrowing of the NJAC Act. A nine-judge bench in the K Puttaswamy judgment overruled the 1976 verdict in 2017.
SC: How can govt not back amendment enacted by Parliament?
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