Supreme Court stays Allahabad HC judgment on UP Madarsa Board Act; Here's why

The Supreme Court halted the decision of the Allahabad High Court on April 5, putting on hold its verdict that declared the 'Uttar Pradesh Board of Madarsa Education Act 2004' unconstitutional. The High Court's directive, which questioned the Act's validity, has been temporarily stayed by the apex court.

Notice issued on special leave petitions

In response to five Special Leave Petitions filed against the High Court's ruling, the Supreme Court issued a notice, expressing a need for further examination of the issues raised. The bench, comprising Chief Justice of India DY Chandrachud and Justices JB Pardiwala and Manoj Misra, noted that the Act's provisions are regulatory in nature, suggesting that the High Court may have misinterpreted them.

17 lakh students affected by potential repercussions

The Supreme Court emphasized the potential consequences of the High Court's decision, stating that over 17 lakh students could be adversely affected. The Act, aimed at regulating Madarsa education, has been integral to the academic pursuits of numerous students. The Court's intervention comes amidst concerns about disrupting the educational trajectory of these students.

Petitioners' arguments

An array of petitioners, including Anjum Kadari and various Madarsa associations, challenged the High Court's verdict. They argued that the Act primarily serves a regulatory purpose and does not infringe upon secular principles. The petitioners highlighted the Act's role in ensuring quality education in Madarsas, emphasizing the need to preserve the existing regulatory framework.

State's response

While the State of Uttar Pradesh initially defended the legislation before the High Court, it later accepted the court's judgment. Additional Solicitor General KM Nataraj, representing the State, indicated a shift in stance, leading to questions about the State's decision to abandon its defense of the Act.

AG's perspective

Attorney General for India R Venkataramani supported the High Court's judgment, expressing concerns about the entanglement of religion in matters of education. He emphasized the need for deliberation on such sensitive issues, indicating support for the High Court's decision to strike down the Act.

Future proceedings

The Supreme Court has scheduled the petitions for final disposal in July 2024. The proceedings are expected to delve deeper into the constitutional validity of the Act and its implications for Madarsa education in Uttar Pradesh. Both proponents and opponents of the Act await the Court's definitive ruling on the matter.