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South Asian University

Facts for Prelims (FFP)

 

Source: LiveLaw, IE

 Context:  The Delhi High Court has observed that the South Asian University (SAU) has the status of an “international organisation” and is entitled to “privilege and immunity” from the writ jurisdiction under Article 226 of the Constitution of India.

  • The university is characterized as an international institution, deriving its powers from a 2007 inter-governmental agreement.

  

Background:

  • This came during a hearing on pleas by SAU’s associate professors, who faced show cause notices for their alleged involvement in a student protest.
  • The court stated that SAU enjoys international organization privileges and immunities, and the dispute should be addressed through the Arbitral Tribunal as agreed upon in the employment contracts, dismissing the maintainability of the pleas.

Article 226 of the Constitution of India gives High Courts the power to issue writs, orders, and directions to enforce fundamental rights and other purposes. This includes the power to issue writs to any person or authority, including the government.

Article 226 gives High Courts extraordinary jurisdiction to address legal injury. This allows the High Court to consider public interest and equity when making decisions.