The Supreme Court on Friday stayed Allahabad High Court’s order that deemed the Uttar Pradesh Board of Madarsa Education Act, 2004, “unconstitutional” and in violation of the principle of secularism.
Chief Justice D Y Chandrachud, leading a three-judge bench, issued notices to the Centre, Uttar Pradesh government, and others regarding pleas against the high court order.
“The objective and purpose of the Madarsa board are regulatory in nature, and the Allahabad High Court’s presumption that the establishment of the board would breach secularism is not prima facie correct,” stated the bench, which also included Justices J B Pardiwala and Manoj Misra.
The apex court pointed out that the High Court had misconstrued provisions of the 2004 act, as it does not entail religious instruction, and the statute’s purpose and character are primarily regulatory.
On March 22, the high court had declared the Uttar Pradesh Board of Madarsa Education Act, 2004, “unconstitutional” and in violation of the principle of secularism. It directed the state government to integrate current students into the formal schooling system.
This decision came following a writ petition filed by advocate Anshuman Singh Rathore, who challenged the constitutionality of the Uttar Pradesh Madarsa Board and raised objections to the management of madarsas by the Minority Welfare Department rather than the education department.
