Supreme Court to Hear Final Pleas on Constitutionality of Uttar Pradesh Madarsa Education Act on August 13″

Article:

Introduction: The Supreme Court of India has scheduled a final hearing on the pleas challenging the Allahabad High Court’s decision to invalidate the Uttar Pradesh Board of Madarsa Education Act, 2004. The High Court had declared the Act “unconstitutional” and in violation of the principle of secularism. This hearing will determine whether the provisions of the Act can be upheld.

Background: On April 5, the Supreme Court stayed the Allahabad High Court’s judgment, which had struck down the Uttar Pradesh Madarsa Board Act as unconstitutional. The High Court’s decision was based on the claim that the Act infringed upon the secular fabric of the Indian Constitution by allowing for a board specifically designed for religious education.

Court’s Decision: A bench comprising Chief Justice D Y Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra announced that the pleas will be listed for final disposal on August 13. The bench appointed Ruchira Goel as the nodal counsel to ensure that a common compilation of documents is prepared and submitted electronically.

Arguments Presented: Senior Advocate Abhishek Singhvi, representing one of the petitioners, mentioned that a contempt petition against the Uttar Pradesh government has also been filed. The Supreme Court had previously criticized the High Court’s decision, stating that the Allahabad High Court “prima facie” misinterpreted the Madarsa Act’s provisions, which do not mandate religious instruction.

Supreme Court’s Observations: The Supreme Court had noted that the High Court’s directive to relocate students from madarsas to other schools was unreasonable, affecting around 17 lakh students. The Court emphasized that the Madarsa Act’s objective is regulatory and does not breach secularism.

State Government’s Position: Additional Solicitor General K M Nataraj, representing Uttar Pradesh, stated that while the state government defends the Act, it has accepted the High Court’s judgment. Nataraj pointed out that the state government incurs an annual financial burden of Rs 1,096 crore in aiding madarsas. The state has also committed to not shutting down any madarsa but faces the challenge of addressing the implications of the High Court’s ruling.

High Court’s Ruling: The Allahabad High Court had declared the Uttar Pradesh Madarsa Board of Education Act, 2004, as ultra vires, stating that the state had no authority to create a board for religious education. The High Court’s judgment was based on the argument that the Act violated the secular nature of the Indian Constitution by creating a board solely for religious education.

Conclusion: The upcoming Supreme Court hearing will be pivotal in deciding the fate of the Uttar Pradesh Madarsa Board Act. The final judgment will address whether the Act can be reinstated or if the High Court’s ruling will stand. The case highlights the ongoing debate over the intersection of religious education and secularism in India’s educational policy.

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