SC Stays Allahabad HC Order Declaring UP Madarsa Act 'Unconstitutional'

The Supreme Court on Friday issued an interim stay on a ruling by the Allahabad High Court that declared the Uttar Pradesh Board of Madarsa Education Act, 2004, 'unconstitutional' and in violation of the principle of secularism.

Chief Justice D Y Chandrachud headed a three-judge bench that issued notices to the Centre, Uttar Pradesh government and others on the pleas against the high court order.

The bench comprising of Justices J B Pardiwala and Manoj Misra along with CJI said, "The object and purpose of Madarsa board is regulatory in nature and the Allahabad HC is not prima facie correct that establishment of board will breach secularism."

The bench also stated that the High Court has misunderstood the provisions of the 2004 act, as it does not include provisions for religious teaching.

The top court emphasized that the statute's purpose and nature are primarily regulatory.

What did Allahabad High Court declare?

The high court on March 22 declared the Uttar Pradesh Board of Madarsa Education Act, 2004, "unconstitutional" and violative of the principle of secularism, and asked the state government to accommodate current students in the formal schooling system.

The high court had declared the law ultra vires on a writ petition filed by advocate Anshuman Singh Rathore.

Rathore questioned the legality of the UP Madarsa Board and also raised concerns about the management of madarsas by the Minority Welfare Department instead of the education department.