Whether the UP Madrasa Act is valid or illegal, the Supreme Court on Tuesday (November 5) gave a major verdict on this matter. The Supreme Court overturned the decision of the Allahabad High Court and recognized the UP Madrasa Act. The Supreme Court has upheld the constitutionality of the UP Madrasa Act. On March 22, the Lucknow Bench of Allahabad High Court had ordered the admission of all students in general schools, terming the UP Madarsa Board Act as against the fundamental structure of the Constitution.
A three-judge bench of the Supreme Court led by CJI DY Chandrachud said that this was not right. The Supreme Court said that the state government can make laws to regularize education. This includes many aspects like syllabus, health of students. The Supreme Court said that madrassas also provide religious education, but their main objective is education. The Supreme Court said that no student can be forced to undergo religious education.
Regarding the UP Madrasa Act, the Supreme Court said that in the Madrasa Act, the Madrasa Board has been given the right to give degrees like Fazil, Kamil. This is against the UGC Act. This should be removed. The Supreme Court said that awarding degrees is unconstitutional, but the rest of the act is constitutional. The bench of CJI Chandrachud, Justice JB Pardiwala and Justice Manoj Mishra gave this decision.
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 madrassa. On April 5, the Supreme Court, while hearing the UP Madarsa Act, had put an interim stay on the High Court order. The Supreme Court had reserved its decision on this matter on October 22.
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