SC Upholds Validity Of UP Madrassa Law, Says It Does Not Violate Principle Of Secularism

In a big relief to madrassas in Uttar Pradesh, the Supreme Court on Tuesday upheld the constitutional validity of the 2004 Uttar Pradesh Board of Madrassa Education Law and set aside an Allahabad High Court verdict quashing it on the ground that it was violative of the principle of secularism.

The high court erred in holding that the law was violative of the principle of secularism, said a bench comprising Chief Justice of India (CJI) D Y Chandrachud and Justices J B Pardiwala and Manoj Misra. "We have upheld the validity of the UP madrassa law and moreover a statute can be struck down only if the State lacks the legislative competence," the CJI said while pronouncing the verdict.

The order came as a big relief to teachers and students of UP madrassas as the high court had ordered closure of the seminaries and relocation of students to other schools in the state. The SC said the legislative scheme of the law was to standardise the level of education being prescribed in madrassas. The top court on October 22 reserved its verdict on pleas challenging the Allahabad High Court judgement.

The bench heard a battery of lawyers on behalf of eight petitioners, including Anjum Kadari, besides Additional Solicitor General K M Natraj, who appeared for the Uttar Pradesh government, for almost two days before reserving the verdict.

On March 22, the Allahabad High Court declared the Act as "unconstitutional" and violative of the principle of secularism, and asked the state government to accommodate madrassa students in the formal schooling system. In a breather for about 17 lakh madrassa students, the SC stayed the HC order on April 5.