Big news: Supreme Court declares UP Madrasa Act constitutional, Supreme Court rejects High Court's decision

Supreme Court Decision On UP Madarsa Board Act: Lakhs of students studying in Madarsa of Uttar Pradesh have got a big relief. The Supreme Court has canceled the decision of the Allahabad High Court, in which the court had declared the UP Madarsa Board Act against the Constitution. This decision has been given by the bench of Chief Justice DY Chandrachud, Justice JB Pardiwala and Justice Manoj Mishra. This decision of the Supreme Court will affect the future of 17 lakh students studying in more than 16000 madrassas of UP.

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On whether the Madarsa Act of UP is constitutional or unconstitutional, a bench of three judges of the Supreme Court has given its verdict on the UP Madarsa Act. The Supreme Court has declared the UP Madarsa Ward Act 2004 as constitutional and upheld the constitutionality of the UP Madarsa Board.

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Let us tell you that earlier on March 22, the Lucknow Bench of Allahabad High Court had declared the UP Madarsa Board Act unconstitutional and ordered to enroll all the students in general schools. The Supreme Court stayed the High Court's decision on 5 April. After that a detailed hearing was held in the Supreme Court. After which the bench of Chief Justice DY Chandrachud, Justice JB Pardiwala and Manoj Mishra had reserved its decision on October 22.

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On March 22, the High Court had declared the Madarsa Act unconstitutional.

Let us tell you that on March 22, the Lucknow bench of the High Court had declared the Madrasa Act unconstitutional. The High Court had considered running a madrassa on government grants to be against secularism. The High Court had ordered that the state government should enroll all madrassa students in general schools.

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What arguments have the petitioners made?
It has been said in the petition that 17 lakh madrassa students will be affected by this. 10 thousand madrassa teachers will also be affected. Not only religious education, other subjects are also taught in madrassas. The curriculum of madrassas is recognized by the state government. 16,500 madrassas are recognized by the UP Madrassa Education Board. However, only 560 madrassas receive financial assistance from the government.

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UP government gave this argument in the Supreme Court

The Uttar Pradesh government, while presenting its stand in the Supreme Court, had said that we have accepted the decision of the Allahabad High Court and have decided not to file any application against it. It was also said on behalf of the government that as far as the validity of the Madrasa Act is concerned, we had argued in support of the Act in the Allahabad High Court and even today we have the same stand regarding the Madrasa Act. The lawyer of the UP government said that the decision to completely repeal the Madrasa Act is not right, only those provisions of the Act should be reviewed which are against the fundamental rights, it is not appropriate to completely reject the Act. The lawyer said that changes can definitely be made in the Madrasa Act but it was not right to repeal it completely.

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what did the cgi say

Whereas CJI DY Chandrachud said that secularism means live and let live. He questioned whether RTE specifically applies to madrassas or not? He said, can we say in India that the meaning of education cannot include religious education? It is basically a religious country. The CJI asked whether it is in your national interest to regulate madrassas. He said that you cannot ruin 700 years of history like this. The CJI said that even if we uphold the High Court order, the parents of the children will still send them to madrasa.

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