Supreme Court stays the Madarasa Act ruling for Uttar Pradesh

An Allahabad High Court ruling that declared the Uttar Pradesh Board of Madarasa Education Act, 2004 to be “unconstitutional” and in violation of secular principles was temporarily overturned by the Supreme Court on Friday.

Notifications regarding appeals to the high court’s ruling were sent to the Uttar Pradesh government, the Center, and other parties by a three-judge bench presided over by Chief Justice D Y Chandrachud.

The Supreme Court rejected the Allahabad High Court’s view that the Madarasa board’s establishment would jeopardize secularism, stating that the board’s primary goal is regulatory. Manoj Misra and JB Pardiwala, two more justices, were present.

The 2004 act’s provisions are not religious instruction, according to the Supreme Court, which emphasized the act’s regulatory character.

Previously, on March 22, the state government was ordered to incorporate present madarasa pupils into the regular schooling system by the high court, which declared the Uttar Pradesh Board of Madarasa Education Act, 2004 to be “unconstitutional” and not in accordance with secular ideals.

This decision was made in response to a writ petition submitted by lawyer Anshuman Singh Rathore, who questioned the UP Madarsa Board’s legitimacy and objected to the Minority Welfare Department—rather than the Education Department—managing madarsas.