The Crossbill Team
The Supreme Court of India on Friday (April 5) put an interim stay on the Allahabad High Court judgement that had struck down the Uttar Pradesh Board of Madarsa Education Act, 2004, terming it as “unconstitutional” and violating the principle of secularism.
The high court, last month, while scrapping the 2004 law had directed the government to accommodate the Madrasa students in the formal education system.
A bench headed by Chief Justice of India (CJI) D Y Chandrachud observed that the Allahabad High Court misconstrued the provision of the law in its March 22 order and termed the high court decision as prima facie not correct.
The stay order comes as a big relief to lakhs of Muslim students of Uttar Pradesh. The Chief Justice further said, "The high court, in striking down the provisions of the Act, directed the relocation of the students. This would affect the 17 lakh students. We are of the view that the direction of relocation of students to other schools was not warranted."
The bench, also comprising Justices JB Pardiwala and Manoj Misra, had asked the Centre, Uttar Pradesh government and other respondents to file their counter affidavits by May 3. The case has been listed for further hearing in the second week of July, 2024.
Senior advocate Abhishek Manu Singhvi, appearing on behalf of the Madrassas argued that religious education cannot mean religious instruction and that the high court order will leave 10,000 madrassa teachers and 17 lakh students in lurch.
Governments, both at the Centre and in Uttar Pradesh, had backed the High Court’s judgement. While the Centre put up the justification that the suspected entanglement of religion and other relevant issues must be debated, the state government said it has made arrangements for the teachers and students.
The high court, last month, while scrapping the 2004 law had directed the government to accommodate the Madrasa students in the formal education system.
A bench headed by Chief Justice of India (CJI) D Y Chandrachud observed that the Allahabad High Court misconstrued the provision of the law in its March 22 order and termed the high court decision as prima facie not correct.
The stay order comes as a big relief to lakhs of Muslim students of Uttar Pradesh. The Chief Justice further said, "The high court, in striking down the provisions of the Act, directed the relocation of the students. This would affect the 17 lakh students. We are of the view that the direction of relocation of students to other schools was not warranted."
The bench, also comprising Justices JB Pardiwala and Manoj Misra, had asked the Centre, Uttar Pradesh government and other respondents to file their counter affidavits by May 3. The case has been listed for further hearing in the second week of July, 2024.
Senior advocate Abhishek Manu Singhvi, appearing on behalf of the Madrassas argued that religious education cannot mean religious instruction and that the high court order will leave 10,000 madrassa teachers and 17 lakh students in lurch.
Governments, both at the Centre and in Uttar Pradesh, had backed the High Court’s judgement. While the Centre put up the justification that the suspected entanglement of religion and other relevant issues must be debated, the state government said it has made arrangements for the teachers and students.
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