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The Supreme Court has put a stop to the decision made by the Allahabad High Court on March 22, which deemed the ‘UP Board of Madarsa Education Act 2004’ as unconstitutional.
The top court expressed doubts over the Allahabad High Court’s conclusion that establishing a Madarsa board violates the principles of secularism. It has issued notices regarding appeals against the High Court’s ruling.
A three-judge bench, led by Chief Justice DY Chandrachud, has summoned responses from the Centre, Uttar Pradesh government, and others regarding the challenges against the High Court’s decision.
The Supreme Court remarked that the purpose of the Madarsa board is primarily regulatory and that the High Court’s interpretation suggesting a breach of secularism is not necessarily accurate.
Furthermore, the Supreme Court noted that the Allahabad High Court misinterpreted the provisions of the 2004 act, as it does not mandate religious instruction. Instead, the statute primarily serves a regulatory function.
The Allahabad High Court’s ruling on March 22 declared the Uttar Pradesh Board of Madarsa Education Act, 2004, as “unconstitutional” and contrary to the principle of secularism. It directed the state government to integrate current students into the formal schooling system.
This decision was made in response to a writ petition filed by advocate Anshuman Singh Rathore, who challenged the constitutionality of the UP Madarsa Board and raised objections regarding the management of madarsas by the Minority Welfare Department rather than the education department.
