 "UP Board of Madarsa Education Act 2004 is 'unconstitutional,' violates principle of secularism: Allahabad High Court")
The Uttar Pradesh Board of Madarsa Education Act, 2004, has been declared as “unconstitutional” by the Lucknow bench of the Allahabad High Court on Friday. The court has directed the state government to frame a scheme to accommodate students studying in Madrasas in the formal education system.
Declaring the law Ultra vires, which translates to ‘beyond the powers’, the division bench of Justice Vivek Chaudhary and Justice Subhash Vidyarthi said the UP Board of Madarsa Education Act 2004 violated the principle of Secularism.
The ruling on Friday comes months after the Uttar Pradesh government had ordered survey of the Islamic education institutions in the state and had constituted an SIT in October 2023 to probe Madarasas’ funds from abroad.
The investigation report recommended action against more than 8,000 Madarsas, meanwhile, SIT report mentioned that around 80 Madarsas in border regions received foreign funding summing up to around Rs 100 crores.
The court passed the rulings on a petition filed by one Anshuman Singh Rathore challenging the constitutional validity of the Act and certain provisions of the Right of Children to Free and Compulsory Education (Amendment) Act, 2012.
In December 2023, the division bench raised concerns about potential instances of arbitrary decision-making and the need for transparency in the administration of such educational institutions, stressing upon the border issue of whether such decisions align with principles of equal opportunity and secular governance.
Impact Shorts
More ShortsIn earlier hearings, the high court had raised inquiries directed at both the Union of India and the state government regarding the rationale behind operating the Madarsa Board under the purview of the minority department instead of the education department of the state.
With inputs from agencies
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