Supreme Court today stayed the Allahabad High Court's March 22 verdict which struck down the ‘Uttar Pradesh Board of Madrasa Education Act, 2004’ as unconstitutional. The top court’s interim order which allowed the almost 25,000 madrasas across the state to operate during the pendency of this plea comes as a relief to almost 17 lakh students studying there.
The Supreme Court bench led by Chief Justice of India DY Chandrachud said the high court’s finding that the establishment of a madrasa board breaches principles of secularism “may not be correct”. The bench observed there was no reason to strike down the act even if there was concern over madrasas students receiving quality education; instead, the high court could have issued suitable instructions. This would’ve insured that the students are not deprived of quality education, the bench added.
“In striking down the Act, the High Court prima facie misconstrued the provisions of the Act. The Act does not provide for any religious instruction. The object and purpose of the Statute is regulatory in character,” CJI Chandrachud said dictating the order in open court.
Issuing notice to all stakeholders and the UP government, the top court will now hear the matter for final disposal in the second week of July.
HC order puts almost 17 lakh students in a lurch
The status quo on the madrasa regime has lasted for close to 120 years and the sudden disruption because of the high court order striking down the UP Board of Madrasa Education Act, 2004 effectively banning 25,000 madrasas has affected more than 17 lakh students, senior advocate Abhishek Manu Singhvi said.
Singhvi, representing the Managers Association Madaris Arabiya(UP), told SC that the madrasas taught modern subjects like Maths, Science, Hindi, and English among others.
The senior advocate further challenged the high court’s reasoning that teaching religion in madrasas amounted to religious instruction, thereby violating principles of secularism. “Religious education does not mean religious instruction,” he added.
“We have also very famous Gurukuls in Haridwar and Rishikesh, doing very good work. My father has a degree from there. Do you shut them down saying they are places of religious instructions?” Singhvi said.
The high court’s reasoning for calling the 2004 Act unconstitutional is “astonishing” and it would be difficult to adjust these students and teachers within the State education system abruptly, Singhvi added.
Defended the act before HC, but accept verdict: UP govt to SC
Additional Solicitor General KM Natraj said the Uttar Pradesh government accepted the Allahabad High Court’s order striking down the 2004 Act. Natraj said the teachers and the students would be accommodated within the state education system smoothly. Since the state accepted the high court’s order, it would no longer bear the burden of giving aid to the madrasas, Natraj said. The madrasas are free to run without state aid which amounts to Rs. 1,096 crores, he added.
Attorney General R Venkataramani too supported the high court order saying it wasn’t wrong in any aspect. The high court’s order doesn’t paralyse and withdrawal of state funds was the only consequence, he added.
“Entanglement of religion is a suspect issue in any degree,” the AG said. “And this is beyond the tolerable degree, especially since State aid is involved,” he added.
State Act violates principles of secularism: Allahabad High Court
The Allahabad High Court on March 22, 2024, struck down the UP Board of Madrasa Education Act, 2004 as unconstitutional and that it violated principles of secularism. The high court observed that the education imparted in the madrasas was “neither quality nor universal in nature”.
“State has no power to create a board for school education only for a particular religion and the philosophy associated with it, as it violates the principle of secularism,” the high court observed.
The 2004 law allowed madrasas to impart education from primary level to postgraduate and research levels. “The State Government for the said purpose shall ensure that as per requirement sufficient number of additional seats are created and further if required, a sufficient number of new schools are established. The State Government shall also ensure that children between the ages of 6 to 14 years are not left without admission in duly recognised institutions,” the court order read.
The high court’s order came on a plea filed by UP-based advocate Anshuman Singh Rathore who called the 2004 law un-secular.
The high court further asserted “the State has no power to create a Board for religious education or to establish a Board for school education only for a particular religion and philosophy associated with it”.
