Supreme Court stays Allahabad HC order scrapping UP madrasa law

The Madarsa Education Act's UP Board order has been placed on hold by the SC

The Supreme Court on Friday issued an interim stay on an Allahabad High Court ruling declaring the Uttar Pradesh Board of Madarsa Education Act, 2004, "unconstitutional" and violating the tenet of secularism.

A three-judge bench led by Chief Justice D Y Chandrachud issued letters to the Centre, the Uttar Pradesh government, and others on the petitions challenging the high court order.

The 2004 Act does not provide for religious teaching, and its goal and character are regulatory in nature, according to the top court, which stated that HC has misinterpreted many of its passages.

The Uttar Pradesh Board of Madarsa Education Act, 2004 was deemed "unconstitutional" and in violation of the secularism principle by the high court on March 22. The court also requested that the state government make accommodations for present pupils enrolled in the formal education system.

Anshuman Singh Rathore, an advocate, filed a writ petition, and the high court ruled that the law was ultra vires.

The petitioner objected to the Minority Welfare Department, rather than the Education Department, managing Madarsa, and contested the legitimacy of the UP Madarsa Board.