Supreme Court puts on hold Allahabad HC order scrapping UP madrasa law
Supreme Court of India
The Supreme Court on Friday (April 5) put on hold the Allahabad High Court order that declared the Uttar Pradesh Board of Madrasa Education Act, 2004, unconstitutional and violative of secularism.
A three-judge bench headed by Chief Justice DY Chandrachud issued a notice to the Centreand the Uttar Pradesh government on the plea challenging the high court order.
"The object of the Madrasa board are primarily regulatory, and the Allahabad High Court's initial claim that the establishment of the board would violate secularism is not correct," said the bench, which also included Justices JBPardiwala and Manoj Misra.
Also read:Allahabad HC rules 'UP Board of Madarsa Education Act 2004' unconstitutional: All you need to know
The Allahabad High Court, Lucknow Bench, on March 22 declared the 'UP Board of Madrasa Education Act 2004' unconstitutional due to violations of secular principles. Justices Vivek Chaudhary and Subhash Vidyarthi presided over the case.
While the ruling has been announced, a detailed judgment is awaitedwhich will shed more light on the specifics of the decision and its implications.
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What is the 'UP Board of Madrasa Education Act 2004'?
Passed by the Uttar Pradesh Legislative Assembly in 2004, it is an "act to provide for the establishment of a Board of Madrasa Education in the State and for the matters connected therewith or incidental thereto."
How will this ruling affect students?
The court has directed the Uttar Pradesh Government to formulate a scheme ensuring that students currently enrolled in Madrasas can seamlessly transition into the formal education system.
The backstory of the case: How did this start?
The Allahabad High Court verdict came after Advocate Anshuman Singh Rathore filed a writ petition, challenging various aspects of the Madrasa Board's functioning, including its management by the Minority Welfare Department, involving both the Union of India and the State government.
In October 2023, the Uttar Pradesh government formed an SIT to probe madrassas' funds from abroad and also surveyed the Islamic educational institutions in the state.
Earlier, the court had expressed concerns about potential arbitrariness in the administration of educational institutions, emphasising the need for transparency and adherence to principles of equal opportunity and secular governance.
(With inputs from agencies)