VALIDITY OF LAW CAN NOT BE CHALLENGED FOR VIOLATING THE BASIC STRUCTURE OF THE CONSTITUTIONAL PROVISION AND ACT FOR OBLIGATION.

Honourable Chief Justice of the Supreme Court of India has issued a judgement in decision, where in it is held that validity of a law can not be challenged for violating the basic structure of the Constitution and it is observed the judgement issued that our democracy is working in the ongoing federalism and secularism where it is necessary to define the concepts applied to strike down the legislation for violation of such concepts. The judgement is related to the validity of UP Madrasas Act consistent with the positive obligation of the state to ensure that students studying in the recognised Madrasas attain a minimum level of the competency that allows them to effectively participate in the society and circle and also to earn the livelihood. It is further observed that the Act which allowed the Board to prescribe the curriculum, qualifications of the teachers and standard of the infrastructure, did not directly interfere with the day to day working of the administration working there and the Madrasas are too recognised by the authority of the state. The judgement authored by the Honourable Chief Justice further said that 2004 Act was consistent with the positive obligation of the state.