Supreme Court reserves verdict in pleas against striking down of UP Madarsa Act
Supreme Court of India
New Delhi: The Supreme Court on Tuesday reserved its verdict on a batch of petitions challenging the Allahabad High Court ruling which had struck down the Uttar Pradesh Board of Madarsa Education Act, 2004 as unconstitutional and violative of the principles of secularism.
A bench presided over by CJI DY Chandrachud and comprising Justices JB Pardiwala and Manoj Misra reserved its decision after hearing the arguments of both parties.
Senior advocate Mukul Rohtagi, representing the petitioners, argued that the minority community has a fundamental right to receive religious instructions and the Allahabad High Court ought not to declare the Madarsa Education Act, 2004 as unconstitutional in a public interest litigation (PIL) proceedings instituted by an advocate.
Additional Solicitor General (ASG) KM Natraj submitted that striking down the Madarsa Education Act, 2004 in its entirety was incorrect since the question involved was not of legislative competence but of violation of fundamental rights contained in Part III of the Constitution.
Earlier on April 5, staying the impugned decision, the top court had observed that the Allahabad High Court misconstrued the provisions of the Madarsa Act and the view taken by it was prima facie not correct.
Issuing notice, the SC had asked the Centre, Uttar Pradesh government and other respondents to file their counter affidavits and listed the matter for further hearing.
Delivering a verdict on a plea filed by an advocate challenging vires of the Madarsa Act, 2004, a Bench of Justices Subhash Vidyarthi and Vivek Chaudhary of the Allahabad High Court in its March 22 held the law violative of the principles of secularism, Articles 14, 21 and 21-A of the Constitution of India and Section 22 of the University Grants Commission Act, 1956.
The Allahabad High Court had asked the state government to take steps to accommodate madrasa students in regular schools, adding that if required, new schools would be established to ensure that children between the ages of 6 to 14 years are not left without admission in duly recognised institutions.