‘Unconstitutional’: SC stays judgment on 'UP Board of Madarsa Education Act 2004'
SC on UP Madarsa Act: In a major relief to about 17 lakhs students, the Supreme Court put stay on the Allahabad High Court's March 22 judgment striking down 'UP Board of Madarsa Education Act 2004' as unconstitutional.
Chief Justice DY Chandracuhd, along with Justices JB Pardiwala and Manoj Misra, noted that the High Court initially misinterpreted the regulatory nature of the Act's provisions.
"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," the bench observed in the order.
The Supreme Court said the finding of Allahabad High Court that the establishment of a Madarsa board breaches the principles of secularism may not be correct.
Supreme Court issued notice on appeals challenging the High Court March 22 order.
Supreme Court also said that High Court judgement would affect the 17 lakhs students, and it is of the view that direction of relocation of students to other school was not warranted.
On Friday, the Supreme Court halted the implementation, stating that the objectives of the Madrassa Board are regulatory and won't compromise secularism.
Addressing the PIL's aim for secular education in madrassas, he proposed retaining the Madarsa Act 2004 rather than repealing it.
More details awaited...
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