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Supreme Court reserves verdict on pleas against Allahabad HC judgement quashing UP Madrasa Law

On March 22, the Allahabad High Court declared the Act "unconstitutional" and urged the state government to integrate madrasa students into the formal education system

EdexLive Desk

The Supreme Court, today, Tuesday, October 22, reserved its verdict on pleas challenging the Allahabad High Court's ruling that declared the 2004 Uttar Pradesh law on madrasas unconstitutional, citing violations of the principle of secularism.

A bench led by Chief Justice of India (CJI) DY Chandrachud, along with Justices JB Pardiwala and Manoj Misra, listened to arguments from multiple lawyers representing eight petitioners, as well as Additional Solicitor General KM Natraj for the Uttar Pradesh government, over nearly two days before reserving its decision.

On March 22, the Allahabad High Court declared the act "unconstitutional" and urged the state government to integrate madrasa students into the formal education system.

Following this, on April 5, the Supreme Court provided relief to approximately 1.7 million madrasa students by staying the high court's ruling that scrapped the Uttar Pradesh Board of Madarsa Education Act, 2004.

The Supreme Court is considering about eight petitions, including the lead case filed by Anjum Kadari against the high court's verdict.

“Stand by laws”: UP gov't

Today, October 22, the Uttar Pradesh government informed the Supreme Court that it stands by its law on madrasas, arguing that the Allahabad High Court should not have declared the entire law unconstitutional.

The bench questioned Additional Solicitor General KM Natraj about the law's validity, specifically regarding its authority to regulate madrasas.

“I support the validity of the Act. Since the constitutionality (of the law) has been struck down, we want to say something. We are defending the legislation. The state did not file an SLP (special leave petition),” Natraj said.

Striking down the law in its entirety would be incorrect and it was not the case of legislative competence, said Natraj, adding that it was struck down on account of fundamental rights.

Earlier in the day, senior advocate Mukul Rohatgi, appearing for a litigant, assailed the high court verdict.

Referring to what HC had said about shutting madrasas and students going to regular schools, Rohatgi said, "My fundamental right is violated as I will not be receiving religious instructions. Hundreds of people are studying in madrasas and you cannot force somebody, this is not secularism.”

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