Leaders Online: The Supreme Court has granted an interim stay to the Allahabad High Court's March 22 decision declaring the 'UP Board of Madrasa Education Act 2004' unconstitutional. The Supreme Court has said that the Allahabad High Court's conclusion that the establishment of the Madrasa Board violates the principles of secularism is not correct. Also, the Supreme Court has issued a notice on the appeals challenging the High Court order of 22nd March. (UP Madarsa Board)
The decision of the Lucknow Bench of the Allahabad High Court declaring the UP Board of Madrasa Education Act 2004 unconstitutional was challenged in the Supreme Court. Abhishek Manu Singhvi appeared on behalf of the Madrasa Board during the hearing in the Supreme Court on a petition challenging the Allahabad High Court's decision to repeal the Uttar Pradesh Madrasa Act. He said that the High Court has no right to repeal this Act. 17 lakh students have been affected by this decision. Also, about 25 thousand madrassas have been affected by this. These madrassas are about 125 years old. These Madrasas have been registered since 1908.
While issuing notices on five special petitions challenging the High Court judgment, the Supreme Court observed, “We are of the view that the issues raised in the petitions merit careful consideration. We are issuing a notice.”
Chief Justice D also observed that the High Court prima facie erred in understanding the provisions of the Act. Y. Chandrachud, Justice J. B. A bench of Pardiwala and Manoj Mishra reported. The Supreme Court, while staying the High Court's decision, observed that the directions of the High Court would affect the future education of around 1.7 lakh students.
Supreme Court stays the Allahabad High Court's March 22 judgment striking down 'UP Board of Madarsa Education Act 2004' as unconstitutional.
Supreme Court says the finding of Allahabad High Court that the establishment of a Madarsa board breaches the principles of secularism… pic.twitter.com/bKDrPNvMKj
— ANI (@ANI) April 5, 2024
