New Delhi: The Supreme Court has quashed the Allahabad High Court’s decision that declared the Madrasa Act unconstitutional. This decision has brought relief to lakhs of students and teachers in Uttar Pradesh’s madrasas, as it had raised questions about the recognition and operation of madrasas.
A bench comprising Chief Justice DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Mishra has declared the Madrasa Act constitutional, quashing the Allahabad High Court’s decision. The bench stated that the High Court’s decision was not correct and the Madrasa Act is in line with the Indian Constitution. This decision means that the educational process in Uttar Pradesh’s madrasas will continue, and their recognition will also remain intact.
The Allahabad High Court had declared the Madrasa Act unconstitutional, citing it as a violation of Article 14 (Right to Equality) of the Constitution. However, with this decision, the Supreme Court has now allowed the madrasas to operate as usual. The Allahabad HC in March struck down the Uttar Pradesh Madrasa Education Board Act, 2004 saying the law was unconstitutional for validating a system of education which was grossly in violation of the principles of secularism.
Big Relief To Students
The Supreme Court’s decision has brought relief to lakhs of students and teachers in Uttar Pradesh’s madrasas, as it had raised questions about the recognition and operation of madrasas.
A division Bench of Justices Vivek Chaudhary and Subhash Vidyarthi declared that the State has no power to create a board for religious education or to establish a board for school education only for a particular religion and philosophy associated with it.
The Bench held that the Madarsa Act, 2004 was against the principle of secularism which is part of the basic structure of the Constitution of India and also violative of Articles 14, 21 and 21-A of the Constitution of India and violative of Section 22 of the University Grants Commission Act (UGC), 1956.
The Bench, however, directed the state government to take steps forthwith for accommodating madarsa students in regular schools recognised under the Primary Education and High School and Intermediate Education boards of Uttar Pradesh.
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