HC's decision was overturned; Madrasa Act declared constitutional by Supreme Court
SC on Madrasa Act: Uttar Pradesh Madrasa Education Board Act 2004 has been declared constitutional. The court also rejected the March 22 decision of the Allahabad High Court, in which the UP Madrasa Act was repealed. After the decision of the bench headed by Chief Justice D.Y. Chandrachud, the madrasas of the state are likely to get recognition and stability in their operation.
Supreme Court made a big decision today about the Uttar Pradesh Madrasa Education Board Act 2004. The act declared constitutional and the March 22 decision of the Allahabad High Court was also rejected by the court, in which the UP Madrasa Act was repealed.
The state's madrasas are probably going to get recognition and stability in their operations after the bench's decision, which was headed by Chief Justice D.Y. Chandrachud. The court admitted that the Act's provisions are in line with constitutional values and they protect the educational rights of religious minorities.
SC said that the government can make rules regarding madrasa education. No student can be forced to take religious education. SC also said that the Madrasa Board cannot give higher degrees like Fazil, Kamil, which is against the UGC Act.
On March 22 this year, the Allahabad High Court declared the UP Madrasa Act 2004 unconstitutional. The court had said that this law violated the principle of secularism and ordered the transfer of children studying in madrasas to regular schools. The Supreme Court had already put an interim stay on this order.
The UP Madrasa Act was made in the year 2004. Under this came the formation of the Madrasa Board. Its main motive was to uplift the education system in madrasas. In UP, there is a total of 25 thousand madrasas; out of these, about 16 thousand madrasas have been recognized by the UP Board of Madrasas, while about 8 thousand madrasas have not been recognized by the board.