Supreme Court: The three Judge Bench comprising of the Chief Justice of India Dr. DY Chandrachud, JB Pardiwala and Manoj Misra, JJ. stayed Allahabad High Court’s Judgment holding U.P. Board of Madarsa Education Act, 2004 (‘Madarsa Act’) as unconstitutional for being violative of the principle of Secularism, Articles 14, 21 and 21-A of the Constitution and violative of Section 22 of the University Grants Commission Act, 1956 (‘UGC Act’).
The Bench said that though the State has a legitimate interest in ensuring quality education for students to enable them to earn a degree, the High Court was prima facie wrong in striking down the legislation, which was only regulatory in nature.
The High Court said that religion cannot be mixed with any secular activity of the State and the encroachment of religion into secular activities is strictly prohibited. The Court clarified that the State cannot discriminate and provide different type of education to children belonging to different religions.
For a detailed information on High Court’s decision, read- Article 30 does not give power to the State Government to establish Educational Boards; Allahabad High Court holds UP Madarsa Education Act unconstitutional
Source: Press
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