The Supreme Court intervened in the matter of the Uttar Pradesh Board of Madarsa Education Act, 2004 and has temporarily stayed the decision of the Allahabad High Court that declared it as unconstitutional. The apex court stated that the Act does not provide religious instruction and students are also taught secular subjects like science and math. The court also noted the right of students and parents to choose their preferred form of education. The state government has been issued a notice and has supported the judgement while stating that the state would have to bear a financial burden of over Rs 1,000 crores if the decision was to be stayed.
Supreme Court Intervenes in Uttar Pradesh Madrasa Education Act Case
Background
In 2004, the Uttar Pradesh government passed the Uttar Pradesh Board of Madarsa Education Act to regulate madrasas in the state. The act established a board to oversee the administration of madrasas and prescribe their curriculum.
In 2017, a PIL was filed in the Allahabad High Court challenging the constitutional validity of the Act. The petitioner argued that it violated the right to education, religious freedom, and equality.
In March 2023, the Allahabad High Court declared the Act unconstitutional, holding that it violated the principles of secularism and did not promote the state's objective of providing quality education to all students.
Supreme Court's Intervention
The Uttar Pradesh government challenged the High Court's decision in the Supreme Court. On March 8, 2024, the Supreme Court issued an interim stay on the High Court's order.
Court's Observations
The apex court observed that the Madarsa Education Act does not impose religious instruction on students. It also noted that students are taught secular subjects such as science and mathematics alongside religious studies.
The court further emphasized the right of students and parents to choose their preferred form of education, including madrasas.
Government's Stance
The Uttar Pradesh government defended the Act, arguing that it is necessary to regulate madrasas and ensure that they provide quality education. The government also stated that it would face a financial burden of over Rs 1,000 crores if the High Court's decision were to be stayed.
Top 5 FAQs and Answers
1. What is the Uttar Pradesh Board of Madarsa Education Act? Answer: The Act regulates madrasas in Uttar Pradesh and establishes a board to oversee their administration and curriculum.
2. Why was the Act challenged in court? Answer: The Act was challenged because it was alleged to violate the right to education, religious freedom, and equality.
3. What did the Allahabad High Court rule? Answer: The High Court declared the Act unconstitutional, holding that it violated the principles of secularism and did not promote quality education.
4. What did the Supreme Court do? Answer: The Supreme Court stayed the High Court's order and issued a notice to the state government.
5. What is the current status of the case? Answer: The Uttar Pradesh Board of Madarsa Education Act is currently in effect, pending further proceedings in the Supreme Court.
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