- By Anushka Vats
- Tue, 05 Nov 2024 12:40 PM (IST)
- Source:JND
The Supreme Court on Tuesday upheld validity of 2004 Uttar Pradesh Board of Madarsa Education Act noting that it does not violate principal of secularism. Setting aside the order by the Allahabad High Court that had quashed UP Board of Madarsa Education Act the apex court directed the state to relocate students to other schools.
"We have upheld validity of UP Madrasa law, statute can be struck down if State lacks legislative competence. Allahabad HC erred in holding that UP madrasa law had to be struck down for violating basic structure i.e. principle of secularism," said CJI DY Chandrachud.
The Supreme Court further noted that legislative scheme of UP Board of Madarsa Education Act was to standardise level of education being prescribed in madrasas.
Expressing happiness on the ruling by the Supreme Court, Lucknow Eidgah Imam & member of All India Muslim Personal Law Board, Maulana Khalid Rasheed Firangi said, "This decision has brought joy to the people related to Madrasa. UP Madrasa Act had been drafted by the UP Govt itself. How can an Act drafted by the Govt be unconstitutional?...We have said this earlier too that besides Islamic education, we impart modern education too at Madrasas."
Earlier on October 22, The Supreme Court reserved its judgment on a plea challenging Allahabad High Court's March 22 verdict striking down 'Uttar Pradesh Board of Madarsa Education Act 2004'.
Allahabad High Court had earlier ordered that the 2004 Act was violative of the principle of secularism enshrined in the Constitution of India, asking the state to take immediate steps so that students pursuing studies in Madarsas of Uttar Pradesh are accommodated in other schools.
"Statute can be struck down only for violation of part III or legislative competence and not for violating basic structure. The High Court erred in holding that statute had to struck down for violating basic structure," the apex court observed, according to Bar and Bench.