Supreme Court stays Allahabad HC verdict deeming UP Board of Madarsa Education Act 'unconstitutional'

During the proceedings, the bench, which also comprised Justices JB Pardiwala and Manoj Misra, remarked that the primary objective of the Madrasa board is regulatory in nature.

In a significant development, the Supreme Court on Friday (April 5) intervened by staying the Allahabad High Court's verdict that deemed the Uttar Pradesh Board of Madarsa Education Act, 2004, as unconstitutional and against the principles of secularism. Chief Justice of India DY Chandrachud led a three-judge bench that issued notices to the Centre and the Uttar Pradesh government regarding a plea challenging the high court's decision.

During the proceedings, the bench, which also comprised Justices JB Pardiwala and Manoj Misra, remarked that the primary objective of the Madrasa board is regulatory in nature. They expressed skepticism about the Allahabad High Court's conclusion that the establishment of such a board would breach secularism.

The genesis of this legal saga can be traced back to March 22 ruling by the Lucknow bench of the Allahabad High Court. In its directive, the court ordered the state government to assimilate students enrolled in madrasas into regular schools.

Justices Vivek Chaudhary and Subhash Vidyarthi, the division bench that passed the order, argued that the state lacked the authority to establish a board solely for religious education or to endorse a specific religion and its associated philosophy.