SC stays Allahabad HC order scrapping madrasa law

NEW DELHI: In a breather to about 17 lakh madarsa students, the Supreme Court on Friday stayed an order of the Allahabad High Court that scrapped the Uttar Pradesh Board of Madarsa Education Act, 2004 calling it “unconstitutional” and violative of the principle of secularism.

Observing that the issues raised in the petitions merit closer reflection, a threejudge bench headed by Chief Justice DY Chandrachud issued notices to the Centre, the Uttar Pradesh government and others on the pleas against the high court order.

“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 said.

The top court said the high court “prima facie” misconstrued the provisions of the Madarsa Act, which does not provide for any religious instruction.

“The finding of the high court that the very establishment of the board would violate secularism appears to conflate Madarsa education with the regulatory powers of the board. If the concern was to ensure that the students of Madarsas receive quality education, the remedy would not lie in striking down the Madarsa Act but in issuing suitable directions to ensure that the students are not deprived of quality education,” the bench said.

The apex court said the HC, while striking down the provisions of the Madarsa Act, directed relocation of the students. “This would affect 17 lakh students .... we are of the view that direction of relocation of students to other schools was not warranted,” it said.