New Delhi: The Supreme Court on Tuesday upheld the constitutional validity of the 'Uttar Pradesh Board of Madarsa Education Act 2004' except for the provisions regulating Higher Education Degrees.
A bench comprising Chief Justice of India DY Chandracuhd, Justice JB Pardiwala and Justice Manoj Misra set aside the Allahabad High Court's judgement which had struck it down earlier.
The High Court erred in striking down the Act on the ground that it violated the basic structure principle of secularism, the Supreme Court held.
The bench was hearing the challenge to the Allahabad High Court's March 22 judgment striking down the 'Uttar Pradesh Board of Madarsa Education Act 2004'.
The bench said, "A statute can be struck down only if violates fundamental rights under Part III of the Constitution.
However, the Court held that the Madarsa Act, to the extent it regulates higher education in relation to 'fazil' and 'kamil' degrees, is in conflict with the UGC Act and to that extent it was unconstitutional.
Senior Advicates Mukul Rohatgi, P.S. Patwalia, P Chidambaram, Dr. Menaka Guruswamy, Salman Khurshid, MR Shams assisted by Rohit Amit Sthalekar Advocate on Record (AOR) Sankalp Narain Advocates M.A Ausaf, HP Sahi Yash Johari & Utkarsh Pratap appeared for the Petitioners in the aforesaid matters.
Additional Solicitor General KM Nataraj appeared for the State of Uttar Pradesh (UP).
Senior Advocate Swarupama Chaturvedi appeared for the NCPCR and Senior Advocate Madhavi Divan appeared for an intervener.
