UP Madarsa Act: How SC Corrected Allahabad HC's Overreach
1 month, 2 weeks ago

UP Madarsa Act: How SC Corrected Allahabad HC's Overreach

The Quint  

The court added that even though Madarsas impart religious education, they are still fundamentally educational institutions, and the inclusion of religious instruction does not strip them of this identity. The legislative competence of the state in regulating such institutions is upheld, ensuring that minority institutions comply with educational standards while still respecting their religious character. However, these regulations must meet three conditions: they must be reasonable, they should help the institution serve as an effective vehicle for education, and they must aim at maintaining high educational standards and efficient administration. Referring to its earlier decisions, the court reiterated that the right of minorities to administer educational institutions includes the right to manage the affairs of the institution in accordance with the ideas and interests of the community in general and the institution in particular.

Educational Institutions  educational  institutions  court  regulations  minority  allahabad  corrected  institution  sc  act  religious  standards  right  state  overreach  hcs  madarsa

History of this topic

Uttar Pradesh government to revise Madarsa Act, to exclude higher-level religious degrees
2 weeks, 4 days ago

Uttar Pradesh government to revise Madarsa Act, to exclude higher-level religious degrees

India Today  

The Uttar Pradesh government is set to revise the state's Madarsa Act, excluding higher-level education from its purview and restricting its coverage only to institutions offering education up to Class 12. The Uttar Pradesh Board of Madarsa Education Act, 2004, is a legislative framework that regulates madarsa education in the state. SUPREME COURT ON MADARSA ACT Earlier in November, the …

SC Sets Aside Allahabad High Court Judgment on UP Madarsa Education Act
1 month, 2 weeks ago

SC Sets Aside Allahabad High Court Judgment on UP Madarsa Education Act

Hindustan Times  

Clerics, stakeholders and many political parties have welcomed the Supreme Court's decision upholding the constitutional validity of the Uttar Pradesh Board of Madarsa Education Act 2004. The SC set aside the Allahabad high court's March judgment that declared the 2004 Uttar Pradesh Board of Madarsa Education Act, 2004, unconstitutional while claiming that it violated principles of secularism.

Supreme Court Upheld the Constitutional Validity of Uttar Pradesh Board of Madarsa Education Act, 2004
Trending News
1 month, 2 weeks ago

Supreme Court Upheld the Constitutional Validity of Uttar Pradesh Board of Madarsa Education Act, 2004

The Hindu  

The Supreme Court has upheld the constitutional validity of the Uttar Pradesh Board of Madarsa Education Act, 2004 except for its provisions allowing the Board to award higher degrees like Kamil (under-graduate studies) and Fazil (postgraduate studies). The court found that these provisions violate the Basic Structure of the Constitution by discriminating against students based on their religion affiliation. The …

SC Upholds UP Madarsa Education Act: The Provisions and Environment Violate Articles 14, 15 and 21-A of the Constitution
Top News
1 month, 2 weeks ago

SC Upholds UP Madarsa Education Act: The Provisions and Environment Violate Articles 14, 15 and 21-A of the Constitution

Firstpost  

The Supreme Court has upheld the constitutional validity of the Uttar Pradesh Board of Madarsa Education Act, 2004, setting aside the Allahabad High Court's March ruling that deemed the legislation unconstitutional. The apex court found that the provisions of the Act are reasonable and subserve the objective recognition that is improving the academic excellence of students in the recognized madrasas. …

Supreme Court Upheld the UP Madarsa Education Act, 2004, but Found It Promotes Substantive Equality of Minority Community
Top News
1 month, 2 weeks ago

Supreme Court Upheld the UP Madarsa Education Act, 2004, but Found It Promotes Substantive Equality of Minority Community

Live Law  

The Supreme Court has upheld the constitutional validity of the Uttar Pradesh Board of Madarsa Education Act, 2004, except to the extent it regulated higher education degrees. The Court observed that the Act promoted the substantive equality of the minority community by regulating the standard of education imparted by the recognised Madarsas and conducting examinations and conferring certificates to students, …

Supreme Court Upheld the UP Madarsa Education Act, 2004, but Found It Promotes Substantive Equality of Minority Community
Top News
1 month, 2 weeks ago

Supreme Court Upheld the UP Madarsa Education Act, 2004, but Found It Promotes Substantive Equality of Minority Community

Live Law  

The Supreme Court has upheld the constitutional validity of the Uttar Pradesh Board of Madarsa Education Act, 2004, except to the extent it regulated higher education degrees. The Court observed that the Act promoted the substantive equality of the minority community by regulating the standard of education imparted by the recognised Madarsas and conducting examinations and conferring certificates to students, …

SC Upheld UP Madarsa Education Act 2004, Calling it Constitutional
Trending News
1 month, 2 weeks ago

SC Upheld UP Madarsa Education Act 2004, Calling it Constitutional

India TV News  

The Supreme Court has upheld the constitutional validity of the Uttar Pradesh Board of Madrassa Education Law of 2004. This landmark decision will have a significant impact on the education system in the state, ensuring that madrasa students have access to quality education without facing discrimination or exclusion.

SC sets aside Allahabad HC’s verdict declaring UP Madarsa Act unconstitutional
1 month, 2 weeks ago

SC sets aside Allahabad HC’s verdict declaring UP Madarsa Act unconstitutional

Live Mint  

The Supreme Court on Tuesday set aside the Allahabad High Court's March judgement declaring the 2004 Uttar Pradesh Board of Madarsa Education Act unconstitutional. Allahabad High Court's verdict on UP Madarsa Act The Allahabad High Court had declared the UP Madarsa Act “unconstitutional” and violative of the principle of secularism on March 22. However, on April 5, the Supreme Court …

Supreme Court stays order on UP Madarsa Act. What is it and why had Allahabad HC struck it down?
8 months, 2 weeks ago

Supreme Court stays order on UP Madarsa Act. What is it and why had Allahabad HC struck it down?

Live Mint  

The Supreme Court on Friday imposed an interim stay on the Allahabad High Court's order quashing the Uttar Pradesh Board of Madarsa Education Act, 2004 after the high court deemed it “unconstitutional”. Enacted in 2004, the Uttar Pradesh Board of Madarsa Education Act's purpose was to streamline madrassa education, defining it as education in Arabic, Urdu, Persian, Islamic studies, Tibb, …

Uttar Pradesh Madarsa Education Act | Striking down law on madrasas is misconceived: Supreme Court
8 months, 2 weeks ago

Uttar Pradesh Madarsa Education Act | Striking down law on madrasas is misconceived: Supreme Court

The Hindu  

The Supreme Court on April 5 stayed the operation of an Allahabad High Court judgment which struck down a 20-year-old Uttar Pradesh law regulating madrasas and ordered the transfer of their students to regular schools. Chandrachud decided to freeze the implementation of the High Court judgment of March 22 in an interim order even as the Uttar Pradesh government said …

Uttar Pradesh Madarsa Education Act, a violation of secularism: Allahabad HC
9 months ago

Uttar Pradesh Madarsa Education Act, a violation of secularism: Allahabad HC

The Hindu  

Terming the Uttar Pradesh Madarsa Education Act, 2004 unconstitutional, the Allahabad High Court on Friday said the Act found to be a violation of secularism. A Bench of Justices Vivek Chaudhary and Subhash Vidyarthi — while dealing with a writ petition filed by Anshuman Singh Rathore which had challenged the vires of the Uttar Pradesh Madarsa Board on the ground …

UP madrasa law 'unconstitutional, against secularism': High Court's big order
9 months ago

UP madrasa law 'unconstitutional, against secularism': High Court's big order

India Today  

The Allahabad High Court on Friday declared the Uttar Pradesh Board of Madarsa Education Act, 2004, "unconstitutional" and violative of the principle of secularism. A bench comprising Justice Vivek Chaudhary and Justice Subhash Vidyarthi also directed the Uttar Pradesh government to plan a scheme to accommodate students currently studying in Madrasas, into the formal education system. The Lucknow branch of …

UP Board Madarsa Education Act, 2004 is 'unconstitutional', declares Allahabad High Court
9 months ago

UP Board Madarsa Education Act, 2004 is 'unconstitutional', declares Allahabad High Court

India TV News  

The Lucknow Bench of Allahabad High Court has declared the UP Board of Madarsa Education Act 2024 as Unconstitutional. A division bench comprising Justice Vivek Chaudhary and Justice Subhash Vidyarthi of the Lucknow branch of the court declared the law ultra vires on a writ petition filed by a person named Anshuman Singh Rathore. Accommodate Madrasa students under UP Board …

Why Madrasa Board Under Minority Dept, Not Education?; Can Persons Of Specific Religion Only Be Appointed To Board?: Allahabad HC Asks UOI, UP Govt
1 year ago

Why Madrasa Board Under Minority Dept, Not Education?; Can Persons Of Specific Religion Only Be Appointed To Board?: Allahabad HC Asks UOI, UP Govt

Live Law  

Amid the ongoing controversy over madrasas in Uttar Pradesh, with the state government surveying the Islamic education institutions in 2022 and forming an SIT last month to probe madrassas' funds from abroad, the Allahabad High Court last week questioned the need for the Madarsa Board to run under the Minority Department rather than the Education Department of the state.The bench …

Submit Details About Curriculum & Management Of Madrasas: Rajasthan High Court To State
1 year, 5 months ago

Submit Details About Curriculum & Management Of Madrasas: Rajasthan High Court To State

Live Law  

The Rajasthan High Court has directed the State to file an affidavit disclosing the details with regard to the curriculum and the mode of selection and appointment of staff in the Madrasas. The bench of Chief Justice Augustine George Masih and Justice Vinit Kumar Mathur said, “Let an Affidavit be filed by the State, specifically giving therein the details of …

Madrasas violate student rights, children’s body tells Allahabad HC
1 year, 7 months ago

Madrasas violate student rights, children’s body tells Allahabad HC

The Hindu  

In an intervention application before the Allahabad High Court, in a matter pertaining to religious education imparted in institutions at the government’s expense, the National Commission for Protection of Child Rights has submitted that the education given to children in madrasas is not adequate or comprehensive. The court, while hearing a petition filed by Azaj Ahmad who teaches in a …

How religious edu can be imparted at state’s expense: Allahabad HC asks Centre, U.P. govt
1 year, 8 months ago

How religious edu can be imparted at state’s expense: Allahabad HC asks Centre, U.P. govt

Hindustan Times  

The Lucknow bench of the Allahabad high court has directed the Centre and the Uttar Pradesh government to file affidavits explaining how religious education can be imparted in government-funded madrasas at the government’s expense. The court ordered both the Centre and the state government to file affidavits within the next six weeks noting that in madrasas religious education is also …

SC to Examine if Administration of Educational Institution by Minority Community Will Give it Special Status
2 years, 2 months ago

SC to Examine if Administration of Educational Institution by Minority Community Will Give it Special Status

News 18  

The Supreme Court has agreed to examine whether an educational institution administered by members of a minority community would result in it being conferred the status of a minority institution. The top court was hearing an appeal filed by Mahayana Theravada Vajrayana Buddhist Religious and Charitable Trust challenging the Allahabad High Court order which observed that mere administration of an …

SC to examine if educational institution run by minorities will get special status
2 years, 2 months ago

SC to examine if educational institution run by minorities will get special status

Deccan Chronicle  

NEW DELHI: The Supreme Court has agreed to examine whether an educational institution administered by members of a minority community would result in it being conferred the status of a minority institution. The top court was hearing an appeal filed by Mahayana Theravada Vajrayana Buddhist Religious and Charitable Trust challenging the Allahabad High Court order which observed that mere administration …

Madrassas Run On State-Funds Can't Impart Religious Instructions: Gauhati High Court Upholds Assam Law
2 years, 10 months ago

Madrassas Run On State-Funds Can't Impart Religious Instructions: Gauhati High Court Upholds Assam Law

Live Law  

In a significant judgment delivered on Friday, the Gauhati High Court has upheld the constitutionality of the law passed by the Assam assembly in 2020 to convert State-funded Madrassas into general schools.The High Court upheld the constitutional validity of the Assam Repealing Act 2020 which repealed the Assam Madrassa Education. Advocate General of Assam D Saikia clarified to the Court …

Is State Funding To Madrasas & Other Religious Educational Institutions Consistent With Constitution's Secular Scheme?: Allahabad HC Seeks Govt Reply
3 years, 3 months ago

Is State Funding To Madrasas & Other Religious Educational Institutions Consistent With Constitution's Secular Scheme?: Allahabad HC Seeks Govt Reply

Live Law  

The Allahabad High Court recently decided to consider a bunch of questions framed by it on issues related to religious educational institutions like Madrasa vis-a-vis the role of and interplay between the State Government and such institutions within the framework of the Constitution.The Bench of Justice Ajay Bhanot was hearing the plea of a Madrasa duly recognized by the Madrasa …

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