In a notable judgement conveyed on February 4th the Gauhati High Court on Friday, has upheld the constitutionality of law passed by the Assam assembly in 2020 to convert State-funded Madrassas (called “provincialized Madrassas“) into general schools.
According to the delivery by the HC the Madrassas in question, which are wholly maintained out of State funds cannot impart religious instructions in terms of the mandate of Article 28(1) of the Constitution of India.
Further, the High Court upheld the constitutional validity of the Assam Repealing Act 2020 which repealed the Assam Madrassa Education (Provincialization) Act, 1995 and the Assam Madrassa Education (Provincialization of Services of Employees and Re-Organisation of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.