Supreme Court verdict on UP Madarsa Board: Maulana Mahmood Madani, President of Jamiat Ulema-i-Hind, welcomed the Supreme Court's verdict on the Uttar Pradesh Board of Madarsa Education Act, 2004, calling it a 'victory for justice' and a 'much-needed light at the end of the tunnel' for the Indian Muslim community. He emphasised that the apex court's decision deserves appreciation, noting that there is often criticism of the judiciary, particularly the lower courts, for delivering judgments that, in some cases, seem unjust.
Maulana Mahmood Madani welcomes Supreme Court's verdict
"The Supreme Court's decision should be welcomed. There is a complaint against our courts and especially the lower courts that their decisions are against justice in many cases," he said.
Reflecting on the Chief Justice of India’s remark, 'Live and let live,' he emphasised its importance as a guiding principle for every Indian. "Today the Muslims of India are feeling discouraged. There are many reasons for this. I think this decision will be reassuring for everyone. I congratulate the UP Madrasa Board Association, and Teachers Association for their fight," he said.
SC holds UP Board of Madarsa Education Act, 2004 constitutional
The Supreme Court on Tuesday declared the Uttar Pradesh Board of Madarsa Education Act, 2004 constitutional. The apex court pronounced the verdict while hearing the pleas challenging the Allahabad High Court order that had scrapped the Uttar Pradesh Board of Madarsa Education Act, 2004, calling it "unconstitutional" and violative of the constitutional principle of secularism.
The development is a big relief for at least 17 lakh students studying in around 16,000 madarsas across the state.
Supreme Court said the UP Madarsa Act is only unconstitutional to the extent that it granted higher education degrees under fazil and kamil, which is in conflict with the UGC Act. The high court erred in holding that the law was violative of the principle of secularism, said a bench comprising Chief Justice of India (CJI) D Y Chandrachud and Justices J B Pardiwala and Manoj Misra.
"We have upheld the validity of the UP madrassa law and moreover a statute can be struck down only if the State lacks the legislative competence," the CJI said while pronouncing the verdict.
On March 22, the Allahabad High Court declared the Act as "unconstitutional" and violative of the principle of secularism, and asked the state government to accommodate madrassa students in the formal schooling system.
In a breather for about 17 lakh madrassa students, the SC stayed the HC order on April 5.
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