A brief report of the Lecture on ‘The constitution, Minorities and the Judiciary’

By

Dr. Faizan Mustafa

(Professor, Faculty of Law and the Registrar, A.M.U Aligarh) 

 The “minority character” of Aligarh Muslim University (AMU) is legally and constitutionally sanctioned and cannot possibly be done away with by any means, eminent law professor and registrar of AMU Dr Faizan Mustafa said here today. 

Speaking on “The Constitution, Minorities and the Judiciary” at the prestigious Indian Social Institute Dr Mustafa, however, regretted that the recent judgement of Allahabad High Court had negated AMU’s essential character enshrined in the establishing Act of Parliament of 1921 as well as the Act of 1982 which restored its character and clarified certain ambiguities for all time to come. 

In his erudite lecture, which was part of a series organised by the Institute of Objective Studies (IOS) Dr Mustafa cited several pronouncements of the Supreme Court as well as the High Courts of states supporting Article 25, 26, 29 and 30 which one way or the other had some bearing on the minorities’ right to establish their own institution of education. 

Dr Mustafa showed concern over gradual dilution of Article 30 and other associated Articles of the Constitution through a series of judicial pronouncements. However, he observed that the basic constitutional sheet anchor, legal framework and statutory guarantees remained intact in their intent and capability to protect the minorities’ constitutional right to establish institutions of their own. 

Mr. Mushtaq Ahmad, a Supreme Court lawyer, had convened the event, which was presided over by Anoop G Chaudhary, another Supreme Court lawyer. The programme began with a recitation of the holy Quran, followed by a brief introduction of IOS activities by Secretary General Prof. Z.M Khan.