New Delhi, 6 April 2024: The Supreme Court on Friday imposed an interim stay on an order of the Allahabad High Court that had declared the Uttar Pradesh Board of Madarsa Education Act, 2004, as “unconstitutional” and violative of the principle of secularism.
A three-judge bench headed by Chief Justice D.Y. Chandrachud issued notices to the Centre, Uttar Pradesh government, and others on the pleas challenging the high court’s order.
Expressing a prima facie view, the bench, also comprising Justices J.B. Pardiwala and Manoj Misra, stated, “The object and purpose of the Madarsa board is regulatory in nature, and the Allahabad HC is not prima facie correct that the establishment of the board will breach secularism.”
The Supreme Court observed that the high court had misconstrued the provisions of the 2004 Act, as it does not provide for religious instruction, and the purpose and character of the statute are regulatory in nature.
Background
On March 22, the Allahabad High Court had declared the Uttar Pradesh Board of Madarsa Education Act, 2004, as “unconstitutional” and violative of the principle of secularism. The court had directed the state government to accommodate current madarsa students into the formal schooling system.
The high court’s ruling came in response to a writ petition filed by advocate Anshuman Singh Rathore, who challenged the constitutionality of the UP Madarsa Board and objected to the management of madarsas by the Minority Welfare Department instead of the Education Department.
With the Supreme Court’s interim stay, the implementation of the Allahabad High Court’s order has been halted for the time being. The apex court will now examine the matter in detail and hear arguments from all parties involved before arriving at a final decision.
The case has significant implications for the regulation and management of madarsa education in Uttar Pradesh and the broader debate surrounding secularism and minority education rights in India.
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