Delhi High Court Rules South Asian University Not a State Under Indian Constitution

 

The Delhi High Court has delivered a significant judgment declaring that the South Asian University (SAU) is not a "State" as defined under Article 12 of the Indian Constitution. This has implications for the applicability of fundamental rights and constitutional provisions to the university and its employees.

Key Points:

• The case involved a writ petition filed by professors of SAU who were suspended for their alleged involvement in a student protest.
• The professors argued that their fundamental rights under the Constitution were violated by the university's actions.
• The High Court, however, ruled that SAU does not qualify as a "State" under Article 12 due to the following reasons:
  • It is an international university established by an agreement between SAARC member countries.
  • It enjoys certain exemptions and privileges under international law and Indian domestic law.
  • Its employees are not directly appointed by the Indian government, but through a selection process involving all SAARC member states.
• Therefore, the fundamental rights guaranteed by the Constitution are not directly applicable to SAU or its employees.

Implications:

• This judgment clarifies the legal status of SAU and its employees, differentiating them from employees of state-run universities in India.
• It limits the applicability of constitutional provisions and remedies like writ petitions in matters related to SAU.
• However, the university and its employees may still have recourse to alternative legal avenues and international instruments for addressing grievances.

Additional Information:

• The South Asian University Act, 2010, governs the establishment and functioning of SAU in India.
• The University enjoys certain privileges and immunities under the Vienna Convention on International Organizations.
• The judgment might be appealed to a higher court for further consideration.

Overall, the Delhi High Court's ruling has drawn a crucial distinction between the South Asian University and state-run universities in India. While it clarifies the legal landscape for SAU and its employees, it also raises questions about accountability and access to legal remedies for those associated with the university. 

Read Order

https://images.assettype.com/barandbench/2024-01/1188bb5d-d5b4-48f0-8c51-b13c098d083c/Dr_Snehashish_Bhattacharya___Ors_v_South_Asian_University.pdf 

 (With input from news agency language)
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