It is govt's constitutional obligation to say AMU not minority

BJP today brushed aside criticism of the Centre's stand on Aligarh Muslim University, saying the government was only performing its constitutional duties in maintaining that the varsity was not a minority institution and that in court, it was only reiterating the stand taken by previous governments.
BJP also said that AMU is cited in the Constitution as a public institution and made reference to previous discussions in Parliament to drive home the point that senior Congress leaders, former Ministers and Prime Ministers have maintained that such institutions are not minority institutions.
BJP spokesperson M J Akbar said though senior Congress leaders have rejected Constitutional amendments in Parliament maintaining that AMU is a public institution and making it a 'minority' institution is against national interest, the Congress has diluted its position during Sonia Gandhi's time.

"We should view this issue from the angle of Constitution and not through politics. For Government, there is only one book and that is the Constitution, as Prime Minister has said. All central institutions have a character that is not for one or a particular section, but it is secular...
"Now this matter is before court, Government cannot refuse its constitutional duties. It will take a position which earlier governments have taken," he said.
Akbar further said that in the Constitution, three central institutions are mentioned - BHU, AMU and Delhi University.

"When they are included in the Constitution, we cannot move away from the Constitutional obligations. These are Central institutions and they will remain so. They cannot be converted into minority institutions," he said.

Attacking the Congress, Akbar said on this issue, "emotionalism is being used and an attempt is being made to mislead the people".
Another party spokesperson, Shahnawaz Hussain said the government took its stand on Aligarh Muslim University keeping in mind the Constitution and not any minority or majority.
He said the stand taken by Jawaharlal Nehru, Lal Bahadur Shastri, Indira Gandhi, Maulana Azad, Karim Chagla, Nurul Hassan was the same and that there is not even an iota of change in it.
(REOPENS DEL64)
Akbar also cited names of Oscar Fernandes, Ahmed Patel, Mohsina Kidwai and Sheila Kaul, during Indira Gandhi's time, who took the Congress party's stand in opposing a constitutional amendment moved by G M Banathwala to convert AMU to a minority institute.

"Then Education Minister Sheila Kaul said in Parliament that it is not possible to accept Banatwala's proposal. All Congress leaders said it is against the national interest and it will not help the community.
"This dilution in Congress stand came during Sonia Gandhi's time. I feel the dilution has been done for vote and politics," Akbar said.
To a question on what was the party's stand on Jamia Millia Islamia, the BJP leader said that "when that issue comes up in court we will see to it".
He said AMU was a public institution and is no longer a private one as it is centrally funded and an aid of around Rs 1,300 crore has been given to it in the last few years.

Hussain said AMU should strive to do even better and the government support will continue.
Attorney General Mukul Rohtagi had told the apex court over a week ago that in the opinion of the government, AMU is not a minority institution. He said as the executive government at the Centre, it can't be seen as setting up a minority institution in a secular state.
In his opinion to the HRD Ministry, Rohatgi is understood to have also quoted a 1967 Supreme Court judgement which had said that AMU is technically not a minority institution and the same principle applied to Jamia Millia Islamia.

The HRD Ministry had earlier approached the Law Ministry seeking an opinion on the issue. The Law Ministry had then asked the AG for his legal opinion.