CONSTITUTIONALITY OF THE UTTAR PRADESH BOARD OF MADARSA EDUCATION ACT 2004

by | Nov 6, 2024

ASPECTS DETAILS
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
  • Articles 14, 21A, 25-30 of the Indian Constitution;
  • Madarsa Act, 2004; Right to Education Act, 2009
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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Written By Nancy Sharma

I am Nancy Mahavir Sharma, a passionate legal writer and , a judicial service aspirant who is interested in legal researching and writing. I have completed Latin Legum Magister degree. I have been writing from past few years and I am excited to share my legal thoughts and opinions here. I believe that everyone has the potential to make a difference.

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