Decision Was Prima Facie Not Correct: Supreme Court Stays Allahabad High Court’s Order On Madarsa Act

In an important order, the Supreme Court has intervened to halt the implementation of an Allahabad High Court order that had declared the Uttar Pradesh Board of Madarsa Education Act, 2004 unconstitutional. This decision comes as a relief to approximately 17 lakh madrassa students in Uttar Pradesh, allowing around 16,000 madrassas in the state to continue operating under the provisions of the 2004 law.

Here are five key points from the Supreme Court”s decision:

1. The Supreme Court, led by Chief Justice of India DY Chandrachud, remarked that the Allahabad High Court”s decision was prima facie incorrect. The court issued notices to the Uttar Pradesh and central governments, as well as the Madrassa board, indicating a need for further examination of the matter.
2. The Allahabad High Court, in its recent ruling, deemed the 2004 Madarsa Act unconstitutional, citing a violation of the principle of secularism. The court directed the government to integrate madrassa students into the formal education system.
3. The Supreme Court”s stay order prevents the immediate relocation of approximately 17 lakh madrassa students to other schools as directed by the high court, ensuring continuity of education for these students.
4. Chief Justice Chandrachud emphasised that the establishment of the Madrassa Board and the provisions of the 2004 Act are regulatory in nature and do not inherently compromise secularism. The court noted that the focus should be on ensuring that madrassas offer a comprehensive education, including core subjects like mathematics, science, history, and languages.
5. The Supreme Court has scheduled further hearings on the matter for the second week of July, indicating a thorough examination of the issues raised, including the quality and universality of madrassa education, and the potential discrimination in targeting madrassas for a ban.