Delhi High Court quashes Jamia Millia Islamia orders on dissolution of teachers’ body

“In the present case, the impugned action/s of the respondent University do not cite any exigency contemplated in Article 19(4) of the Constitution of India (reasonable restrictions on forming associations, such as threat to sovereignty and integrity of India), rather the said actions appear to be administrative in nature, bearing no rational nexus to a legitimate regulatory purpose…The unilateral formulation and approval of a revised Constitution for JTA, without consultation or consent of its members, undermines the autonomy of the Association and violates the right to self-governance inherent in Article 19(1)(c) of the Constitution of India,” the court held.

The university had claimed that since the association has been formed in accordance with the provisions of Jamia Millia Islamia Act, the varsity retains the authority to oversee, regulate, and, if necessary, restructure or dissolve the Association.

The court, however, held that “the unilateral formulation and approval of a revised Constitution for JTA, without consultation or consent of its members, undermines the autonomy of the Association and violates the right to self-governance inherent in Article 19(1)(c) of the Constitution of India.”