New Delhi: The Supreme Court on Tuesday (October 22) reserved its verdict on pleas challenging an order of the Allahabad High Court declaring Uttar Pradesh Board of Madarsa Education Act, 2004 “unconstitutional” and violative of the principle of secularism.
A bench comprising Chief Justice of India (CJI) D Y Chandrachud and Justices J B Pardiwala and Manoj Misra reserved the verdict after hearing submissions made by a battery of lawyers on behalf of eight petitioners and Additional Solicitor General KM Natraj, who appeared for the state of Uttar Pradesh, for almost two days before reserving its verdict.
Allahabad HC declared Uttar Pradesh Board of Madarsa Education Act, 2004 ‘unconstitutional’
The Allahabad High Court had on March 22 declared the Uttar Pradesh law as “unconstitutional” and violative of the principle of secularism, and had directed the state government of Uttar Pradesh to accommodate madrasa students in the formal schooling system.
CJI Chandrachud-led bench had stayed the High Court verdict.
Stand by Uttar Pradesh Board of Madarsa Education Act, 2004, ASG Natraj told apex court
The Uttar Pradesh government, during the hearing, told the bench that it stands by the law declared “unconstitutional” by the High Court and said that the High Court should not have held the entire law as unconstitutional.
The response of the Uttar Pradesh government came on a specific query by the bench to ASG Natraj.
“Are you standing by the validity of the Act,” CJI Chandrachud asked ASG Natraj.
Natraj told the bench that the state government of Uttar Pradesh filed its response in the high court standing by the Act and it cannot deviate from the stand. “I support the validity of the Act. Since, the constitutionality (of the law) has been struck down, we want to say something. We are defending the legislation. The state did not file a SLP (special leave petition),” ASG Natraj said.
During the hearing, the bench asked several questions from the counsels making their submissions.
‘Secularism means live and let live’, apex court observed while hearing submissions
The top court also observed during the hearing that “secularism means live and let live” and said that regulating madrasas was in the national interest as several hundred years of the composite culture of the country could not be wished away by creating silos for minorities.
“Is it not in our national interest that you regulate the madrasas?,” the court asked and added, “You cannot wish away several hundred years of history of this nation like this. Suppose, we uphold the high court order and the parents of the children still send them to madrasas then it will just be a silo without any legislative intervention…mainstreaming is the answer to ghettoisation,” the court said.
Apex court described India as a melting pot of cultures, civilisations and religions
The bench further said that India is a melting pot of cultures, civilisations and religions and said that “let us preserve it that way”.
“Ultimately we have to see it through the broad sweep of the country. Religious instructions are there not just for Muslims. It is there for Hindus, Sikhs, Christians, etc. The country ought to be a melting pot of cultures, civilisations, and religions. Let us preserve it that way. In fact, the answer to ghettoisation is to allow people to come to the mainstream and to allow them to come together. Otherwise, what we essentially would be doing is to keep them in silos,” CJI Chandrachud said.
