Is the UP Madrasa Act valid or illegal? The Supreme Court on Tuesday (November 5, 2024) gave a big decision on this matter. The Supreme Court overturned the decision of the Allahabad High Court (March 22, 2024) and recognized the UP Madrasa Act, upholding its constitutionality.
The Lucknow Bench of the Allahabad High Court had ordered the admission of all students in normal schools, terming the UP Madrasa Board Act against the basic structure of the Constitution. A three-judge bench of the Supreme Court led by CJI DY Chandrachud said that this was not right.
'No student can be forced to religious education'
The Supreme Court said in its decision on Tuesday that the state government can make a law to regulate education. This includes many aspects like syllabus and, the health of students. The Supreme Court said that madrasas also provide religious education, but their main objective is education. The Supreme Court said that no student can be forced to religious education.
Supreme Court snatched the right to give degrees from madrasas.
Regarding the UP Madrasa Act, the Supreme Court said that the act gives the Madrasa Board the right to give degrees like Fazil, Kamil. This is against the UGC Act. It should be removed. The Supreme Court said that giving degrees is unconstitutional, the rest of the Act is constitutional. A bench of CJI Chandrachud, Justice JB Pardiwala, and Justice Manoj Mishra gave this decision.
Allahabad High Court's decision was overturned.
The Supreme Court said that the board can make such a system with the consent of the government, where it can provide secular education without affecting the religious character of the madrasa. On April 5, the Supreme Court, while hearing the UP Madrasa Act, put an interim stay on the High Court's order. The Supreme Court reserved the decision on this matter on October 22.
The UP government had declared the degrees of madrasas invalid in SC.
The Yogi Adityanath government of UP had said in an affidavit filed in the Supreme Court that the Kamil and Fazil degrees given through the UP Madrasa Board are neither equivalent to a university degree nor equivalent to the courses taught by the board. In this situation, madrasa students can be eligible for only those jobs that require high school/intermediate qualification.
What order did the High Court give?
On March 22, 2024, the Allahabad High Court declared the UP Madrasa Act unconstitutional and against the principle of secularism. A division bench of Justice Vivek Chaudhary and Justice Subhash Vidyarthi had also directed the Yogi Adityanath government of UP to make a plan so that the students currently studying in madrasas can be accommodated in the formal education system.
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