SC stays HC order scrapping Madarsa Education Act in UP

DELHI: In a significant development, the Supreme Court has put a stay on the Allahabad High Court’s order that declared the Uttar Pradesh Board of Madarsa Education Act, 2004 as “unconstitutional” and against the principle of secularism. This decision brings relief to approximately 17 lakh madarsa students.

The Supreme Court bench, led by Chief Justice D Y Chandrachud and comprising Justices J B Pardiwala and Manoj Misra, issued notices to the Centre, the Uttar Pradesh government, and others regarding the pleas against the high court’s order. The bench stated that the Allahabad High Court’s view that the establishment of the board would breach secularism was not prima facie correct, as the purpose of the Madarsa board is regulatory in nature.

The Supreme Court further noted that the high court had misconstrued the provisions of the Madarsa Act, which does not provide for any religious instruction. It stated that if the aim was to ensure quality education for Madarsa students, the solution would not be to strike down the Madarsa Act but to issue suitable directions to ensure that the students are not deprived of quality education.

The apex court also expressed concern over the high court’s direction to relocate the students, which would affect 17 lakh students. It stated that such a direction was unwarranted. The court ordered the state to file a counter on or before June 30, 2024, and listed the SLP for final disposal in the second week of June 2024. The high court’s order and judgement dated March 22, 2024, will remain stayed.

Senior advocate Abhishek Singhvi, representing the Man

agers Association Madaris, argued that the Madarsa regime, which had been in place for 120 years, has been suddenly disrupted, affecting 17 lakh students and 10,000 teachers. He refuted the high court’s claim that modern subjects were not taught in Madarsas, stating that subjects like Maths, Science, Hindi, English, and others were taught there.

Additional Solicitor General K M Nataraj, representing Uttar Pradesh, stated that the state government defended the Act but has accepted the high court’s judgement which struck down the law. He added that the UP government bears a financial burden of Rs 1,096 crore every year in aid to Madarasas.

Attorney General K Venkataramani stated that the high court’s judgement does not paralyse the Madarsas and the only consequence would be that there won’t be any State aid for them.

The Supreme Court has scheduled the petitions for hearing in the second week of July.