- Recently, an SLP was filed in the Hon'ble Supreme Court against the Gauhati High Court's order where it upheld the constitutional validity of the law passed by the Assam assembly converting provincialized Madrasas (State-funded Madarssas) into impugned law (general schools).
- The Act in question, the Assam Repealing Act 2020, repealed the Assam Madrassa Education
- (Provincialization) Act, 1995 and the Assam Madrassa Education (Provincialization of Services of Employees and Re-Organisation of Madrassa Educational Institutions) Act, 2018, thus turning all state run Madrassas into general schools.
- The initial petition in the Gauhati High Court was filed by 13 petitioners who were either Mutawallis (donors) or President of the Managing Committees on which the Madarssas were built.
- The contention of the petitioners is that the Repealing Act is violative of their fundamental rights given under Articles 25, 26, 28 and 30 of the Constitution of India.
- As per the petitioners, this Act withdraws important subjects on theological aspects such as the Quran. Because of this, there remains no difference between Madarssas and other high schools and hence takes away their rights to practice and profess their religion.
- The Hon'ble High Court dismissed the plea on the ground that the Madarssas being government schools, are maintained by the State through provincialization and come under the ambit of Article 28(1) of the Indian Constitution and thus, cannot be permitted to give religious instructions.
- However, it has been contented by the petitioners that just by receiving mere aid from the government, the Madrassas cannot be disentitled from demanding their rights under Article 30 of the Indian Constitution which provides educational institutions to impart education of their choice.
- A Special Leave Petition (SLP) has been filed in the Hon'ble Supreme Court challenging the validity of the High Court's decision.
- What remains to be seen is whether the Apex Court will continue being the flag bearer of the constitutional principles or will it take the same road as the Hon'ble High Court.
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