New Delhi. The Supreme Court has currently stayed the Allahabad High Court’s decision declaring the UP Board of Madrasa Education Act 2004 unconstitutional. The top court says that the conclusion of Allahabad High Court that the establishment of Madrassa Board is a violation of the principles of secularism cannot be correct. The Supreme Court, while issuing notice on the appeals challenging the March 22 order of the High Court, has sought answers from all the parties including the UP government. Chief Justice D.Y. Chandrachud’s bench has given time to all the parties including the state government to file their reply in the Supreme Court till June 30.
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
Senior advocate Abhishek Manu Singhvi, presenting arguments on behalf of the Madrasa Board, said that this is a matter of the future of about 17 lakh students studying in 16000 madrasas due to the order of the High Court. This order should be stopped immediately. It is noteworthy that the Yogi government of Uttar Pradesh had formed SIT in October 2023 to investigate madrassas. Earlier in the month of March itself, the SIT, which is investigating illegal madrassas, has recommended the Yogi government to close about 16 thousand madrassas. Most of the madrassas which have been found illegal in the investigation are located on the Nepal border.
The SIT has claimed in the report that these madrassas have been built with money received from Gulf countries in the last two decades. The SIT had further said in the report that when these madrassas were asked to provide details of their income and expenditure, they could not provide them. The UP Board of Madrasa Education Act 2004 was a law passed by the Government of Uttar Pradesh to improve the education system of Madrasas in the state. Under this law, madrassas were required to meet certain minimum standards to receive recognition from the board. The board also provided guidelines to madrassas for curriculum, teaching materials, and training of teachers.