Chief Justice of India (CJI) DY Chandrachud expressed surprise over the Centre’s stance that it does not accept the 1981 amendment by Parliament conferring minority status on Aligarh Muslim University (AMU). Presiding over a seven-judge Constitution Bench, CJI Chandrachud emphasized that “Parliament is an eternal and indestructible body under the Indian Union.”
He questioned Solicitor General Tushar Mehta, representing the Centre, stating, “How can you not accept an amendment by the Parliament?” The CJI insisted that the government must stand by the 1981 amendment and has the option to go through the amending route to change it. Justice Sanjiv Khanna asked Mehta if the government accepted the amendment, to which Mehta replied, “I am not.”
Mehta argued that he was addressing constitutional questions before a seven-judge Constitution Bench and supported the 2006 view of the Allahabad High Court, which had declared the amendment unconstitutional. CJI Chandrachud stressed the supremacy of Parliament in its law-making function and criticized the idea that a law officer does not accept the validity of an amendment made by Parliament. The matter is scheduled to be heard next on January 30.
