SC puts interim stay on Allahabad HC order declaring UP Madarsa Education Act unconstitutional
THE JHARKHAND STORY DESK New Delhi, April 5: The Supreme Court issued an interim stay on Friday of an Allahabad High…
THE JHARKHAND STORY DESK
New Delhi, April 5: The Supreme Court issued an interim stay on Friday of an Allahabad High Court order that had declared the Uttar Pradesh Board of Madarsa Education Act, 2004, as “unconstitutional” and in violation of secular principles.
A three-judge bench led by Chief Justice D Y Chandrachud which also comprised of Justices J B Pardiwala and Manoj Misra issued notices to the Uttar Pradesh government, the Center, and other parties regarding their appeals of the high court ruling.
HC misinterpreted provisions of the 2004 act: SC
“The object and purpose of Madarsa board is regulatory in nature and the Allahabad HC is not prima facie correct that establishment of board will breach secularism,” the bench stated.
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The Supreme Court stated that the High Court misinterpreted the provisions of the 2004 act, noting that it does not include provisions for religious instruction. The court emphasized that the statute’s purpose and nature are regulatory.
Allahabad HC ruled the act as unconstitutional on March 22
On March 22, the Allahabad High Court ruled the Uttar Pradesh Board of Madarsa Education Act, 2004, as “unconstitutional” and against the principle of secularism. It directed the state government to integrate current students into the formal education system.
The high court’s ruling declaring the law unconstitutional stemmed from a writ petition filed by advocate Anshuman Singh Rathore. In the petition, Rathore challenged the legality of the UP Madarsa Board and objected to the administration of madrasas by the Minority Welfare Department rather than the education department.
