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A Law Officer cannot say that he does not endorse law made by the parliament: SC

Last Updated on January 25, 2024 by News Desk

The SC told the Solicitor General Tushar Mehta, that a government law officer cannot say that he does not stand by the law enacted by the parliament.

The constitution bench of Chief Justice of India, Justices Sanjiv Khanna, Surya Kant, JB Pardiwala, Dipankar Datta, Manoj Misra, and Satish Chandra Sharma that the parliament is supreme and eternal and by this reason, a law officer cannot say that he does not endorse the law that is passed by the parliament.

The SG had remarked that he does not accept the amendment that has been made to Aligarh Muslim University Act 1981, by which the AMU has conferred the status of minority institution.

The batch of petitions being heard that concerned with the minority status of Aligarh Muslim University.

The question of law about the case concerned the parameters for the grant of minority status to an educational institution under Article 30.

The AMU was held to be a central university by the SC in the 1968 case of S Azeez Basha v. Union OF India. The court held that the central university can’t be conferred with the status of a minority institution.

However, the same was reinstituted when the amendment was made in the year of 1981.

The same was challenged before the Allahabad High Court which in 2006 was set aside as the same was held to be unconstitutional.

Written By:- Shianjany Pradhan (@SHIANJANYPRADHAN)

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