'Allahabad HC Order On UP Madarsa Act Unconstitutional': SC Issues Stay On Scrapping Of Law

In March, the Allahabad High Court had declared the Uttar Pradesh Board of Madarsa Education Act, 2004, to be in violation of the principle of secularism.

Supreme Court.

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The Supreme Court on Friday stayed the Allahabad High Court ruling that had declared the Uttar Pradesh Madarsa Act "unconstitutional," LiveLaw reported. In March, the Allahabad High Court had declared the Uttar Pradesh Board of Madarsa Education Act, 2004, to be in violation of the principle of secularism. Additionally, the High Court had directed the state government to integrate the affected students into the formal schooling system.

The top court's judgement effectively stays the Allahabad High Court's directive that 17 lakh students and 10,000 teachers of the madrasas be integrated into the state education system.

"We are of the view that the issues raised in the petitions merit closer reflection. We are inclined to issue notice," the apex court stated while issuing notice on five Special Leave Petitions filed against the HC's order.

The case was heard by a bench consisting of Chief Justice of India DY Chandracuhd, Justices JB Pardiwala and Manoj Misra. 

The bench in its order stated that the High Court prima facie erred in understanding the provisions of the Act, which are regulatory in nature.

"In striking down the Act, the High Court prima facie misconstrued the provisions of the Act. The Act does not provide for any religious instruction. The object and purpose of the Statute is regulatory in character," the bench was quoted as saying by LiveLaw in its report. 

The High Court in its March 22 ruling, pronounced the Uttar Pradesh Board of Madarsa Education Act, 2004, "unconstitutional", and stated that it violates the principle of secularism. The court asked the UP government to assimilate the current students in the formal educational system. 

In its directive, the court had declared the law ultra vires on a writ petition filed by advocate Anshuman Singh Rathore.

 

The petitioner challenged the constitutionality of the UP Madarsa Board and objected to the management of madrasas by the Minority Welfare Department instead of the education department.