ASPECTS | DETAILS |
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Case Title | Anjum Kadari & Anr. vs. Union of India & Ors. |
Introduction | The case examines the constitutional validity of the Uttar Pradesh Board of Madarsa Education Act, 2004, which regulates educational standards in Madarsas. |
Factual Background | The Allahabad High Court declared the Madarsa Act unconstitutional for violating secularism and Article 14. The Act aimed to regulate Madarsa education standards. |
Legal Issues | Does the Madarsa Act infringe on secularism, and does it conflict with Articles 14 and 21A of the Indian Constitution? |
Applicable Law |
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Analysis | The High Court held that the Act violates secular principles by mandating religiously inclined governance. However, the Act also includes modern subjects. |
Conclusion | The High Court struck down the Act, while the Supreme Court has stayed this judgment pending further analysis. |
Current Scenario | Awaiting Supreme Court’s final judgment on the matter. |
CASE SUMMARY – This case states about the constitutionality of the Uttar Pradesh Board of Madarsa Education Act, 2004. The High Court of Allahabad declared the Act unconstitutional, arguing it violated secularism and Articles 14 and 21A of the Constitution. The Madarsa Act was created to standardize education in Madarsas, including modern subjects, while primarily offering religious instruction. Petitioners argued that state control in Madarsas is excessive, undermining secular principles. The Supreme Court has stayed the High Court’s order, and the final judgment is awaited, considering both secular and religious education rights.
Secularism is more than a passive attitude of religious tolerance; it is a positive concept of equal treatment of all religions.
SOURCE – SUPREME COURT OF INDIA
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