The Madarsa Act of 2004 is not unconstitutional, and the Allahabad High Court erred in its decision regarding the principle of secularism – the Supreme Court declared today.
The Uttar Pradesh Board of Madarsa Education Act, 2004 was struck down by the Allahabad High Court as unconstitutional and Ultra Vires earlier this year.
While hearing a challenge to the High Court judgement, and granting relief to around 16,000 Madrasas in Uttar Pradesh, the supreme court today upheld the validity of the Madarsa Act 2004 which grants administrative rights to the Madrasas for their educational functioning.
The supreme court also noted that both the Madasra board and the State government have sufficient regulatory powers to ensure standardised education even in the religious backdrop of the Madrasas.
A three-judge bench led by chief justice of India DY Chandrachud noted that while Madrasas provide religious teachings, their primary role is that of an educational institution and therefore the Allahabad High Court erred when it said the act was against secularism.
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