During the proceedings, the Uttar Pradesh government defended the Act, with Additional Solicitor General (ASG) KM Natarajan arguing that only specific provisions violating fundamental rights should be reviewed, rather than striking down the entire Act.
NEW DELHI: Today (22nd Oct): The Supreme Court continued hearing appeals against the Allahabad High Court’s decision, which declared the Uttar Pradesh Madrasa Education Board Act, 2004, “unconstitutional”.
During the proceedings, the Uttar Pradesh government defended the Act, with Additional Solicitor General (ASG) KM Natarajan arguing that only specific provisions violating fundamental rights should be reviewed, rather than striking down the entire Act.
CJI’s Query on NEET Eligibility for Madrasa Students
Chief Justice DY Chandrachud asked “whether students from the Madrasa Board could appear for the NEET exam. In response, the UP government’s lawyer clarified that students need to pass Physics, Chemistry, and Biology (PCB) to be eligible for NEET”.
State’s Responsibility Towards Quality Education
The Supreme Court emphasized the state’s obligation to ensure quality education, including religious education, in government-aided madrasas, enabling students to live a “respectable” life after graduation. The Madrasa Board’s role was described as regulatory, and the bench questioned why the High Court had invalidated the Act despite its regulatory nature.
Key Arguments in the Case
The High Court had declared the Act ‘unconstitutional’, reasoning that a ‘secular’ state cannot establish a board dedicated to religious education or create an education board solely for one religion and its philosophy.
However, the Supreme Court bench, comprising Chief Justice DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Mishra, noted that the Act regulates service conditions and rule-making, raising questions about the grounds for its unconstitutionality.
On Monday(21st Oct), the Supreme Court issued a stay on the Uttar Pradesh Government’s directive to transfer students from unrecognized madrasas and non-Muslim students from government-aided madrasas to government schools.
READ ALSO: BREAKING | “UP Madarsa Law Unconstitutional, Violates Secularism”: Allahabad High Court
The plea from Jamiat Ulama Hind challenged the Uttar Pradesh government’s order, which was based on a letter from the National Commission for Protection of Child Rights (NCPCR). The Court has stayed both the NCPCR’s communication and any actions taken by the State as a result of that communication.
A three-judge bench led by Chief Justice DY Chandrachud issued a notice to the Uttar Pradesh government and granted an interim stay after hearing petitions from the Jamiat Ulema-e-Hind
Relief to Madrasa Students
Previously, on April 5, the Supreme Court stayed the Allahabad High Court’s judgment, providing relief to approximately 17 lakh madrasa students. The High Court had earlier ruled that the Act violated the principle of secularism.
READ PREVIOUS REPORTS ON MADARSA ACT
