The Supreme Court has stepped in to hit pause on a controversial ruling by the Allahabad High Court, which had declared the Uttar Pradesh Board of Madarsa Education Act of 2004 as unconstitutional. Read below
The Supreme Court has stepped in to hit pause on a controversial ruling by the Allahabad High Court, which had declared the Uttar Pradesh Board of Madarsa Education Act of 2004 as unconstitutional. This move follows concerns that the High Court's decision might encroach upon the core principle of secularism.
Led by Chief Justice D Y Chandrachud, a three-judge bench issued an interim stay and has summoned responses from both the central and Uttar Pradesh governments for further review. Justices J B Pardiwala and Manoj Misra are also part of the bench. They emphasized that the Madarsa board's establishment primarily serves regulatory purposes and does not, at first glance, violate secular principles.
The Supreme Court highlighted a potential misunderstanding by the High Court regarding the 2004 act, clarifying that it does not mandate religious instruction and is primarily regulatory in nature. This assertion contradicts the High Court's ruling on March 22, which not only struck down the act but also instructed the state to integrate current Madarsa students into the formal education system.
The challenge to the act's constitutionality was brought forward by advocate Anshuman Singh Rathore, who raised questions about the legality of the UP Madarsa Board and its oversight by the Minority Welfare Department instead of the Education Department.