SC To Hear Final Pleas On Allahabad HC’s Scrapping Of UP Madarsa Act

UP Madarsa Act

The Supreme Court announced on Monday that it will schedule a final hearing for the petitions challenging the Allahabad High Court’s decision to invalidate the Uttar Pradesh Board of Madarsa Education Act, 2004, calling it “unconstitutional” and against the principle of secularism.

Previously, on April 5, the top court had stayed the high court’s judgement, noting that the issues raised in the petitions required “closer reflection.” A bench consisting of Chief Justice DY Chandrachud and Justices JB Pardiwala and Manoj Misra stated the pleas would be listed for final disposal on August 13.

The court also appointed lawyer Ruchira Goel as the nodal counsel to ensure the submission of a common compilation of documents in electronic form. Senior advocate Abhishek Singhvi, representing one of the petitioners, mentioned that a contempt petition against the state government had also been filed.

“Should we list these for final disposal next Tuesday?… Once we have granted the order of stay then we can list these for final disposal,” stated the CJI, emphasizing that the issues for adjudication were narrow in scope. The court had previously noted that the Madarsa board’s purpose was regulatory and not in violation of secularism, contrary to the high court’s interpretation.

The bench had criticized the high court’s judgement, saying it “prima facie” misconstrued the provisions of the Madarsa Act, which did not mandate religious instruction. Additionally, the Supreme Court had said that relocating students, as directed by the high court, would impact 1.7 million students and was unwarranted.

“The State shall file counter on or before June 30, 2024. SLP will be listed for final disposal in the 2nd week of June 2024. The impugned order and judgement of the high court dated March 22, 2024, shall remain stayed,” the bench had ordered.

Additional Solicitor General K M Nataraj, representing Uttar Pradesh, stated that while the state defended the Act, it accepted the high court’s judgement. He added that the state bears a financial burden of Rs 1,096 crore annually in aid to madrasas, but no madarsa is being shut down by the government.

The high court, on March 22, had declared the Uttar Pradesh Board of Madarsa Education Act, 2004, “unconstitutional” and a violation of secularism, directing the state government to integrate madarsa students into the formal schooling system. The law was deemed ultra vires based on a writ petition by advocate Anshuman Singh Rathore.

The high court had asserted that the state lacked the authority to create a board for religious education or establish a board for school education exclusive to a particular religion and its associated philosophy. “We hold that the Madarsa Act, 2004, is violative of the principle of secularism, which is a part of the basic structure of the Constitution of India,” the high court had declared.

The petitioner had contested the constitutionality of the UP Madarsa Board and objected to the management of madrasas by the Minority Welfare Department instead of the Education Department.