A bench comprising Chief Justice D.Y. Chandrachud, and Justices J.B. Pardiwala and Manoj Misra stated that the final hearing would take place on August 13.
![[BREAKING] 'Unconstitutional' and 'Unsecular': CJI to Hold Final Hearing on Pleas Challenging Allahabad HC’s Order Scrapping UP Madarsa Education Act on August 13](https://i0.wp.com/lawchakra.in/wp-content/uploads/2024/08/image-30-1.png?resize=350%2C200&ssl=1)
New Delhi : The Supreme Court directed on Monday (Aug 5) that it will schedule a final hearing for the petitions challenging the Allahabad High Court’s decision to annul the Uttar Pradesh Board of Madarsa Education Act, 2004, deeming it unconstitutional and against the principle of secularism.
A bench comprising Chief Justice D.Y. Chandrachud, and Justices J.B. Pardiwala and Manoj Misra stated that the final hearing would take place on August 13.
Chief Justice Chandrachud suggested,
“Should we list these for final disposal next Tuesday?… Once we have granted the order of stay then we can list these for final disposal,” noting that the adjudication issues were on a narrow compass.
Lawyer Ruchira Goel has been appointed as the nodal counsel to ensure the filing of a common compilation of documents in electronic form.
Senior advocate Abhishek Singhvi, representing one of the petitioners, mentioned that a contempt petition against the state government had also been filed.
The Supreme Court emphasized that the purpose of the Madarsa board is regulatory and that the Allahabad HC’s view that the establishment of the board breaches secularism is “not prima facie correct.”
The bench also noted that the high court had “prima facie” misunderstood the provisions of the Madarsa Act, which does not provide for religious instruction.
Furthermore, the Supreme Court highlighted the high court’s directive to relocate students, stating, “This would affect 17 lakh students….we are of the view that the direction of relocation of students to other schools was not warranted.”
The bench ordered that
“The State shall file counter on or before June 30, 2024. SLP will be listed for final disposal in the 2nd week of June 2024. The impugned order and judgement of the high court dated March 22, 2024, shall remain stayed.”
Additional Solicitor General K.M. Nataraj, representing Uttar Pradesh, argued that while the state Government defended the Act, it had accepted the high court’s judgment striking down the law.
Nataraj explained,
“When the state accepts the judgement, the state cannot be burdened to bear the expenses of the legislation now. The State is competent to repeal the legislation as well. If the matter requires consideration, then I am not coming in the way,” adding that no madarsa is being shut down by the government.
Previously, on April 5, the Supreme Court had stayed the high court’s judgment, indicating that the issues presented in the seven petitions warranted “closer reflection.”
Nataraj also noted that the Uttar Pradesh Government incurs a financial burden of Rs 1,096 crore annually in aid to madrasas.
On March 22, the high court had declared the Uttar Pradesh Board of Madarsa Education Act, 2004, “unconstitutional” and in violation of the principle of secularism, directing the state Government to integrate students into the formal schooling system.
READ ALSO: BREAKING | “UP Madarsa Law Unconstitutional, Violates Secularism”: Allahabad High Court
The court 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,” ruling that the Act violated the principle of secularism, which is part of the basic structure of the Indian Constitution.
The challenge to the constitutionality of the UP Madarsa Board was brought forth by advocate Anshuman Singh Rathore, who also opposed the management of madrasas by the Minority Welfare Department instead of the Education Department.
