The Supreme Court, on Friday, enacted an interim stay on the judgment passed by the Allahabad High Court.
This High Court ruling had deemed the Uttar Pradesh Board of Madarsa Education Act, 2004, unconstitutional and in violation of the principle of secularism.
In response to pleas against the high court order, a three-judge bench led by Chief Justice D Y Chandrachud issued notices to the Centre, the Uttar Pradesh government, and other concerned parties.
The bench, also comprising Justices JB Pardiwala and Manoj Misra said, “The object and purpose of Madarsa board is regulatory. The Allahabad HC is not prima facie correct that the establishment of a board will breach secularism.”
The Supreme Court stated that the High Court had misinterpreted provisions of the 2004 act. The court clarified that it does not entail religious instruction. The court emphasized that the purpose and character of the statute are primarily regulatory.
Earlier on 22 March, the high court declared the Uttar Pradesh Board of Madarsa Education Act, 2004, unconstitutional and violative of the principle of secularism. The court asked the state government to accommodate current students in the formal schooling system
Meanwhile, the high court had declared the law ultra vires based on a writ petition filed by advocate Anshuman Singh Rathore.
However, the petitioner had challenged not only the constitutionality of the UP Madarsa Board but also objected to the management of madrasas by the Minority Welfare Department, rather than the education department.
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