Published On: Fri, Apr 5th, 2024

SC’s interim stay on Allahabad HC order on UP Board Of Madarsa Education Act

New Delhi: The Supreme Court on Friday intervened to pause the Allahabad High Court’s verdict that deemed the Uttar Pradesh Board of Madarsa Education Act of 2004 as “unconstitutional.” The apex court’s decision comes following concerns that the High Court’s ruling might infringe upon the principle of secularism.

SC highlighted a potential misinterpretation by the High Court

The interim stay was ordered by a three-judge bench led by Chief Justice DY Chandrachud, who also sent out notices to the central and Uttar Pradesh governments for further examination of the case. The bench, which includes Justices JB Pardiwala and Manoj Misra, expressed that the Madarsa board’s establishment is fundamentally regulatory and does not prima facie violate secular principles.

SC highlighted a potential misinterpretation by the High Court regarding the 2004 act, clarifying that it does not mandate religious instruction and is, in essence, regulatory. This statement comes in contrast to the High Court’s March 22 declaration, which not only struck down the act but also instructed the state to integrate current Madarsa students into the formal education system.

The original challenge to the act’s constitutionality was brought forth by advocate Anshuman Singh Rathore, who questioned the UP Madarsa Board’s legality and its management under the Minority Welfare Department instead of the Education Department.

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