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The Allahabad High Court on March 22 declared the UP Madarsa law as “unconstitutional” and violative of the principle of secularism. The High Court had directed the UP government to accommodate madarsa students in the formal schooling system. The High Court order was later stayed by a bench led by CJI Chandrachud.
File photo of Supreme Court of India.
New Delhi: The Supreme Court on Tuesday (November 5) set aside an Allahabad High Court verdict declaring the UP Madarsa law as “unconstitutional” and violative of the principle of secularism.
A bench comprising Chief Justice of India (CJI) D Y Chandrachud and Justices J B Pardiwala and Manoj Misra, while setting aside the High Court verdict, said that the Madarsa law regulates education in madrasas and it is to protect the rights of minority in the state of UP and is consistent with positive obligation of the state which ensures the students to pass out and earn a decent living.
“The legislative scheme for the act is to standardise level of education being prescribed in the madarsas. The madarsa act does not interfere with the day to day working of the madarsas. It is to protect the rights of minority in the state of Uttar Pradesh and is consistent with positive obligation of the state which ensures the students to pass out and earn a decent living,” the bench said.
“We have upheld the validity of the UP Madrasa regulation act. A statute can be struck down only for violation of part three or legislative competence and not for violating basic structure. The Allahabad High Court erred in holding that statute had to struck down for violating basic structure.” the bench added.
The bench further said that the madarsa act regulates education in madrasas and it is consistent with positive obligation of state which leads to persons earning decent living.
“Article 21A and Right To Education Act has to be read in way so that religious and linguistic minority institute can impart education. It is within legislative competence of state. Provisions of madarsa act which deals with fazil and kamil dealing with higher education is in conflict with UGC Act and is thus set aside as unconstitutonal,” the bench said.
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