1. Hogwarts and its social fabric.

Role of Madarsas in Hogwarts

independence and current scenario. The Constitution of Hogwarts

establishes the ‘Republic of Hogwarts’ as a union of states of which

federalism is one of the basic features. The Constitution of Hogwarts

establishes the Supreme Court of Hogwarts, which is the final interpreter

of the Constitution of Hogwarts and is considered as the custodian of

basic civil rights and liberties of its citizens. The constitutional, legal and

policy framework of the Republic of Hogwarts are pari materia to the

Republic of India.

2. Facts - In a general writ petition before the High court of Griffendor, one

practicing Advocate Mr. Snape challenged the Madarsa Act, 2004 for it

being ultra vires to the Constitution of Hogwarts. The High Court order

declared Madarsa Act violates the principles of secularism, which forms a

part of the basic structure of the Constitution of Hogwarts; fails to

provide quality compulsory education up to the age of 14

years/Class-VIII, as is mandatorily required to be provided under Article

21-A of the Constitution of Hogwarts; and further fails to provide

universal and quality school education to all the children studying in

madarsas, as is mandatorily required to be provided under Article 21 of

the Constitution of Hogwarts. Thus, it violates the Fundamental Rights of

the students of the madarsas.

3. The Madarsa Board, an entity governing Madarsa education within the

state, has been at the centre of a constitutional controversy. The High

Court declared the Madarsa Act unconstitutional, citing its communal

nature and its contravention of the secular principles enshrined in the

Constitution of Hogwarts. The Court ordered the closure of all Madarsas

and directed the state to shift students from Madarsas to state-run schools.

4. However, defenders of Madarsa education argue that the closure of

Madarsas infringes upon the fundamental rights guaranteed under

Articles 25-30 of the Constitution of Hogwarts, which protect the rights

to freedom of religion and cultural education.

5. The Madarsa Board, established by the state government, oversees the

administration and regulation of Madarsa education, which primarily

imparts religious education. Defenders of Madarsa education argue that

there is a distinction between religious education and religious

instruction. They contend that Madarsas also provide cultural education

and that thousands of students, including those from the majority

community also, receive education from Madarsas and even hold

administrative positions.

6. The Special Leave Petition has now been filed by the State of Ravenclaw

and several interveners before the Supreme court of Hogwarts against the

High Court order in Mr. Snape v. State of Ravenclaw, which requires

consideration on the following issues-

 a.) Whether the individual writ before the High Court was at all maintainable

considering the issues involved in it were of public nature?

b.) Whether the establishment of a board or entity for imparting religious

education violates the secular nature of the Constitution of Hogwarts?

c.) Whether the closure of Madarsas infringes upon the fundamental rights

guaranteed under Articles 25-30 of the Constitution of Hogwarts?

d.) Whether there exists a distinction between religious education and

religious instruction, and if so, whether Madarsa education can be

considered to provide cultural education as well?

e.) Whether the High Court's directive to state to transfer students from

Madarsas to state-run schools is constitutional, considering the potential

impact on the students' and staffs’ fundamental rights?

Note- The SLP has been admitted and is listed for hearing.

This moot problem has been prepared by Mohd Kumail Haider, Advocate, High

Court of Judicature at Allahabad & Lucknow Bench. Any attempt by any

participant to contact the author shall result in immediate disqualification of the

entire team.