Last Updated on 05/08/2024 by Arun jain
The relief given to more than 17 lakh students of more than 16000 madrasas running in Uttar Pradesh will remain intact. The final hearing on the petition filed in the Supreme Court against the Allahabad High Court’s decision to declare UP’s Madrasa Act unconstitutional will be held next week. The Supreme Court said on Monday that we will have a final hearing on this matter in the next hearing. This law was passed by the state government when Mulayam Singh Yadav was the Chief Minister.
The Allahabad High Court had cancelled it considering it a violation of several provisions of the Constitution. The High Court’s order was challenged in the Supreme Court. In this petition filed by Anjum Qadri, the manager of a madrasa, and others, the Allahabad High Court’s decision has been questioned and it has been termed arbitrary. However, in March, the Supreme Court had put an interim stay on the Allahabad High Court’s decision, due to which studies are still going on in madrasas under the Madrasa Act.
Also read: What is the Madrasa law of UP? Understand how 17 lakh students will get relief from the Supreme Court’s decision
Now the Supreme Court has to consider the constitutionality of the Madrasa Act. For now, studies will continue in Madrasas across the state under the 2004 law. The Supreme Court had said in the last hearing that the decision of the Allahabad High Court is not prima facie correct. It is not right to say that this is a violation of secularism. The UP government itself had defended the Act in the High Court. The High Court had declared the Madrasa Act of 2004 as unconstitutional.
The Allahabad High Court had struck down the UP Board of Madrasa Education Act 2004, terming it unconstitutional and against the principle of secularism. The UP government had constituted an SIT in October 2023 to investigate the madrasas running in the state. A bench of CJI DY Chandrachud, Justice JB Pardiwala and Justice Manoj Mishra is hearing the case.
Source (PTI) (NDTV) (HINDUSTANTIMES)