In a huge relief to 16,000-odd madrasas in Uttar Pradesh, the Supreme Court today upheld the validity of a 2004 law that regulates their functioning. A three-judge bench led by Chief Justice of India DY Chandrachud set aside an Allahabad High Court judgment that had declared the law unconstitutional and violative of the principle of secularism. The high court had asked the state government to accommodate madrasa students in the formal schooling system. This had put a question mark on the future of nearly 17 lakh students of madrasas.

The bench, also comprising Justice JB Pardiwala and Justice Manoj Misra, held that the high court had erred in holding that the statute must be struck down if it violates the secularism principle. “The state can regulate the standards of education (in madrasas)… regulations relating to the quality of education do not interfere with the administration of the madrasas,” the Chief Justice added.

The bench noted that the Act does not directly interfere with the day-to-day administration of madrasas. “The Act is consistent with the positive obligation of the State to ensure that the children get adequate education,” it said.

The Chief Justice held that just because the legislation for madrasas includes some religious training does not make it unconstitutional. The Act, he said, is only unconstitutional in granting degrees under Fazil and Kamil because this provision violates UGC regulations, he noted. The Act, the Chief Justice said, aims to protect the rights of minorities in Uttar Pradesh and is consistent with the State’s obligation to ensure that students pass out and earn a decent living.

The court noted in its order that certain provisions of the Madarsa Act which pertain to the regulation of higher education and the conferment of such degrees have been held to be unconstitutional on the ground of lack of legislative competence. “Thus, the question that arises is whether the entire legislation must be struck down on this ground. In our view, it is in failing to adequately address this question of severability that the High Court falls into error and ends up throwing the baby out with the bathwater,” the bench noted.

The Uttar Pradesh Board of Madarsa Education Act, 2004, was introduced by a Samajwadi Party government led by party founder, the later Mulayam Singh Yadav. Earlier this year, the Allahabad High Court had declared the madrasa law constitutional while hearing a writ petition. The ruling had come months after the BJP government in Uttar Pradesh decided to survey madrasas and formed a team to probe their funding from abroad.

The top court had earlier paused the high court order, with the Chief Justice observing that secularism means to “live and let live”. The Uttar Pradesh government backed the madrasa law in the Supreme Court. “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 Supreme Court had said.

Andhra Pradesh Home Minister Anita Vangalapudi must resign, opposition YSR Congress Party leader Roja has declared, pointing to criticism of her performance by Deputy Chief Minister Pawan Kalyan, whose Jana Sena is an ally of Chief Minister Chandrababu Naidu’s TDP.

Over 100 incidents of crimes against women have been reported in 120 days, Roja claimed, telling reporters Tuesday, “We have been saying this (what Mr Kalyan said). And now Deputy Chief Minister has said Home Minister has failed to ensure law and order in the state.”

“In just 120 days (there have been) over 100 incidents of attacks on women. What is the Home Minister going to say about this? Pawan Kalyan pointed to her incompetence. This government has not used the Disha mobile phone app (for women’s safety) or women-only police stations brought in by the YSRCP government. Will Home Minister resign?” she asked.

The fresh political storm comes close on the heels of allegations animal fat was used make laddoos, or devotional offerings, ‘fed’ to the deity and given to devotees at the temple in Tirupati.

On Monday Pawan Kalyan accused Ms Vangalapudi of incompetence, and said he could take over her portfolio if the law-and-order situation in the state does not improve. The warning came amid a spike in crimes against women and children, and included a reference to Uttar Pradesh.

Policing in the southern state, he declared, should follow the example of Chief Minister Yogi Adityanath’s administration, which recorded 65,743 cases of crimes against women in 2022 – the most of any state in the country – according to the National Crime Records Bureau.

“You (Ms Vangalapudi) are the Home Minister… discharge your duties well or I will be forced to take over Home Department as well,” the actor-politician – who has taken a hard right stance in recent weeks, including on the ‘sanatan dharm’ row – said in his Pithapuram constituency.

“You need to be like Yogi Adityanath. MLAs are not just here to ask for votes. You have responsibilities too. Everybody needs to think… It is not that I cannot ask for or take over Home Department. If I do, things will be very different… we have to be like Yogi Adityanath.”

Pawan Kalyan’s outburst – which included demanding action from the police and a warning to TDP and Jana Sena leaders to work together – followed a horrific crime in Tirupati district.

A four-year-old child was allegedly raped and murdered by a family member.

Responding to Mr Kalyan’s warning, Ms Vangalapudi said she took his comments in a positive light and that he was encouraging her to be aggressive in stamping out crime.

“Pawan Kalyan asked, ‘Will you not arrest if an accused belongs to a particular caste?’ I have taken his comments very positively. I have responsibility. I hold a critical portfolio. It is like he is backing me up, saying you can go ahead more aggressively,” she told reporters.

NDTV is now available on WhatsApp channels. Click on the link to get all the latest updates from NDTV on your chat.