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Supreme Court Stays Allahabad High Court Order Striking Down UP Madrasa Law: All About It

Nayan Dwivedi

Apr 05, 2024, 03:16 PM | Updated 03:16 PM IST


The Allahabad High Court.
The Allahabad High Court.

In a latest development, the Supreme Court has intervened to halt an Allahabad High Court ruling that annulled the UP Board of Madarsa Education Act, 2004.

As reported by Livemint, a bench headed by Chief Justice of India DY Chandrachud deemed the high court's verdict prima facie incorrect and issued notices to the Uttar Pradesh and central governments, as well as the Madrassa board.

The high court, in its judgment last month, had deemed the 2004 law "unconstitutional" for contravening the principle of secularism and directed the government to assimilate madrasa students into the formal education system.

However, the Supreme Court suspended this directive on Friday (5 April), asserting that the Madrassa Board's objectives are primarily regulatory and do not compromise secularism.

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Chief Justice Chandrachud highlighted that relocating students from madrassas to other schools, as directed by the high court, would adversely affect the 17 lakh students enrolled in these institutions.

He suggested that if the aim of the Public Interest Litigation (PIL) was to ensure secular education in madrassas, repealing the 2004 Act would not be the solution.

Senior advocate Abhishek Manu Singhvi, representing the madrassas, mentioned that religious education does not equate to religious instruction and that the high court's order would adversely impact thousands of teachers and students.

Singhvi also argued against the perception that madrassa education lacks quality or universality, citing a previous Supreme Court judgment.

The Chief Justice acknowledged the gravity of the issues raised and scheduled further hearings for the second week of July.

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Nayan Dwivedi is Staff Writer at Swarajya.


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