SC stays HC ruling on Madrasa Education Act
The Daily Guardian|April 06, 2024
The Supreme Court on Friday imposed an interim stay on Allahabad High Court's order that deemed the Uttar Pradesh Board of Madrasa Education Act, 2004, "unconstitutional" and in violation of the principle of secularism.
ASHISH SINHA
SC stays HC ruling on Madrasa Education Act

Chief Justice DY Chandrachud, leading a three-judge bench, issued notices to the Centre, Uttar Pradesh government and others regarding pleas against the high court order.

"The objective and purpose of the Madrasa board are regulatory in nature, and the Allahabad High Court's presumption that the establishment of the board would breach secularism is not prima facie correct," stated the bench, which also included Justices JB Pardiwala and Manoj Misra.

The apex court pointed out that the High Court had misconstrued provisions of the 2004 act, as it does not entail religious instruction, and the statute's purpose and character are primarily regulatory.

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