SC Grants Relief to Madrasas in UP on HC Order

 New Delhi: The Supreme Court issued an interim stay on Friday overturning an Allahabad High Court order declaring the Uttar Pradesh Board of Madrasa Education Act, 2004, unconstitutional and against the principle of secularism.

This decision offers relief to approximately 17 lakh madrasa students and 10,000 teachers affected by the High Court's ruling. A three-judge bench led by Chief Justice of India D.Y. Chandrachud issued notices to the Centre, the Uttar Pradesh government, and other concerned parties to challenge the High Court's order.

The bench emphasised that the Madrasa board's purpose is regulatory and does not endorse any religious instruction. It criticised the High Court's interpretation, stating that the establishment of the board does not breach secularism but rather aims to ensure quality education for Madrasa students.

Further, the SC was concerned over the High Court's directive to relocate students and said that such a move would disrupt the education of 17 lakh students. It ordered the state to file a counter by June 30, 2024, and scheduled final disposal of the case in the second week of July 2024.

During the hearing, senior advocate Abhishek Singhvi, representing the Managers Association Madrasa, argued against the High Court's reasoning, highlighting the long-standing existence of the Madrasa regime and its role in providing holistic education beyond religious teachings.

Additional solicitor general K.M. Nataraj, representing Uttar Pradesh, stated that while the state government defended the Act, it accepted the High Court's judgment. He clarified that the state is not shutting down any Madrasa but pointed out the financial burden imposed on the government due to state aid to madrasas.

Attorney general K. Venkataramani supported the High Court's decision, stressing the importance of maintaining secularism and avoiding any entanglement of religion in educational matters.

The Allahabad High Court had declared the Madrasa Act, 2004, ultra vires on March 22, 2024, citing its violation of the principle of secularism and the basic structure of the Indian Constitution.