HC says Uttar Pradesh Madrasa Education Act ‘unconstitutional’
- Terming the Uttar Pradesh Madrasa Education Act, 2004 “unconstitutional”, the Allahabad High Court said the Act violates principles of secularism.
Key Highlights
- The court maintained that the State has no power to create a board for religious education or to establish a board for school education only for a particular religion and philosophy associated with it.
- It is the duty of the state to provide education which is secular in nature.
- It cannot discriminate and provide different types of education to children belonging to different religions.
- Any such action on the part of the state would be violative of secularism, which is part of the basic structure of the Constitution.
- Such an action on the part of the state is not only unconstitutional but also highly divisive of the society on religious lines,” the court noted.
‘No equivalence’
- “The Supreme Court has repeatedly emphasised on modern education with modern subjects
- The court directed the government to take steps forthwith for accommodating these students in regular schools
- Recognised under the Primary Education Board and schools recognised under the High School and Intermediate Education Board of Uttar Pradesh.
Prelims Takeaway
- Uttar Pradesh Madrasa Education Act, 2004