"Not Warranted": Supreme Court Stays Order On UP Madrassas Impacting Lakhs

In a big relief to about 17 lakh madrassa students in Uttar Pradesh, the Supreme Court today paused an Allahabad High Court order scrapping the UP Madrassa Act. This allows studies to continue in about 16,000 madrassas in the state under UP Board of Madarsa Education Act, 2004.

A bench led by Chief Justice of India DY Chandrachud said that the high court decision was prima facie not correct and issued notices to the Uttar Pradesh government.

The court has sought a reply from the UP government and posted the matter for further hearing in the second week of July. Until then, the high court order will remain on hold.

The high court had last month declared the UP Board of Madarsa Education Act, 2004 "unconstitutional" for violating the principle of secularism and directed the state government to accommodate the madrasa students in the formal education system.

CJI Chandrachud said the aims and objectives of the Madrassa Board are regulatory in nature and the Allahabad High Court, prima facie, was not right in holding that the establishment of the board violates the principle of secularism.