SC rejects Madhu Koda’s plea for stay of conviction in coal scam case
A bench comprising Justice Sanjiv Khanna and Justice Sanjay Kumar rejected Madhu Koda's plea challenging the Delhi High Court order.
The Supreme Court on Tuesday set aside the Allahabad High Court’s judgement, which had earlier struck down the ‘Uttar Pradesh Board of Madarsa Education Act 2004,’ and upheld the constitutional validity of the Act.
Hearing a petition challenging the Allahabad High Court verdict, a Supreme Court bench led by Chief Justice of India DY Chandrachud, and also comprising Justices JB Pardiwala and Manoj Misra held that the High Court “erred in holding that the statute is bound to be struck down if it is violative of the basic structure.”
“The Constitutional validity of a statute cannot be challenged for violation of the basic structure of the Constitution. In a challenge to the statute for the violation of the principles of secularism, it must be shown that the statute violates provisions of the Constitution pertaining to secularism,” the top court held.
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However, Madrasa Board won’t be able to confer ‘Kamil’ and ‘Fazil’ degrees as the apex court held that the Madrasa Act’s provisions regulating higher education degrees was unconstitutional.
The court said that it was in conflict with the UGC Act and to that extent, it was unconstitutional.
Reacting to the court’s verdict, Advocate of Petitioner, Anas Tanveer said that this is a big relief as the Madrasa Board will be able to confer degrees equivalent to 10th and 12th.
“The Supreme Court has set aside Allahabad HC’s verdict that the Madrasa Board Act is against the secularism principle as laid down by the Constitution. The SC said that the Act is Constitutional. As far as Kamil and Fazil degrees are concerned, these are higher degrees – the SC said that the Board won’t be able to confer that. But other degrees equivalent to 10th and 12th will be valid…This is a big relief…,” he said.
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