Special Leave Petition Challenges High Court Decision, Alleging Errors in Declaration of Act as Unconstitutional
A Special Leave Petition (SLP) has been lodged in the Supreme Court challenging the Allahabad High Court’s decision on March 22, which invalidated the UP Board of Madarsa Education Act 2004.
Initiated by Anjum Kadari and others, the petition asserts that the High Court erred gravely in its judgment.
According to the petition, the Bench issued a verdict on matters not raised by the petitioner, rendering it arbitrary. Additionally, it alleges that the High Court failed to consider the beneficial input of the Bar.
The Division Bench consisting of Justice Vivek Chaudhary and Justice Subhash Vidyarthi, on March 22, 2023, determined that a secular state lacks the authority to establish a board solely for religious education or school education associated with a specific religion or philosophy.
The order emphasized that the state’s primary obligation is to provide secular education to children, emphasizing that it cannot discriminate by offering different educational streams based on religious affiliation.
The Bench highlighted that such actions by the state would contravene the principles of secularism enshrined in the Constitution of India. It cautioned that such actions not only violate the constitution but also foster division in society along religious lines.
Furthermore, the Bench asserted that any legislative act violating the constitutional framework, particularly the principles of secularism, would be subject to nullification.
The High Court further stated that the UP Board of Madarsa Education Act 2004 infringed upon the principles of secularism and the Constitution of India. It also indicated that the education dispensed under the Madarsa Act violated Articles 21 and 21A of the Constitution of India.
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