NEW DELHI: The Uttar Pradesh government on Tuesday informed the Supreme Court that it stands by its law on madrasas and the Allahabad High Court should not have held the entire law as unconstitutional.On Tuesday, a bench comprising Chief Justice of India (CJI) D Y Chandrachud and Justices J B Pardiwala and Manoj Misra posed a specific query to Additional Solicitor General K M Natraj, appearing for the state government, on whether he stood by the validity of the law as it provided the authority to regulate madrasas as well.”Are you standing by the validity of the Act,” the CJI asked the law officer the moment he commenced his submissions on a batch of pleas against the high court verdict.The Uttar Pradesh Board of Madarsa Education Act, 2004 regulates the operation of madrasas in the state and was framed to ensure quality education, while adhering to constitutional principles, in such institutions.On March 22, the Allahabad High Court had declared the Act as “unconstitutional” and violative of the principle of secularism, and asked the state government to accommodate madrasa students in the formal schooling system.The state government had supported the law in the high court.However, it did not file any appeal against the verdict.After the SC bench posed the query, Natraj said, “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).” The state government filed its response in the high court standing by the Act and it cannot deviate from the stand, the law officer added.Striking down the law in its entirety would be incorrect and it was not the case of legislative competence, said Natraj, adding that it was struck down on account of fundamental rights.”Entire legislation need not be struck down,” he said.
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