Supreme Court upheld constitutional validity of UP Madarsa Act, 2004

Nov 06, 2024

Current Affair 1:

News:

The Supreme Court today (November 5) upheld the constitutional validity of the 'Uttar Pradesh Board of Madarsa Education Act 2004' and set aside the Allahabad High Court's judgement which had struck it down earlier.

While upholding the constitutional validity of the Uttar Pradesh Board of Madarsa Education Act, 2004 - except to the extent it regulated higher education degrees- the Supreme Court observed that the Act promoted the substantive equality of the minority community.

As per the judgement:

The concept of "positive secularism":

Substantive equality, as opposed to formal equality, is directed at eliminating individual, institutional and systemic discrimination against disadvantaged groups which effectively undermines their full and equal social, economic, political, and cultural participation in society, explained the Court.

Note:

  1. Entry 25 of List III of the Constitution of India is about education, including technical education, medical education, and universities. It also covers vocational and technical training of labor.
  2. Entry 66 of List I of the 7th Schedule of the Constitution of India is about the coordination and determination of standards in higher education, research, and scientific and technical institutions.

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