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SC stays HC decision on UP Madarsa Act, 2004

Allahabad High Court has declared as unconstitutional.

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Supreme Court STAYS Allahabad High Court verdict which held the Uttar Pradesh Board of Madarsa Education Act, 2004, as “unconstitutional” and violative of the principle of secularism.

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SC stays HC decision on UP Madarsa Act, 2004

The Supreme Court of India has recently issued a stay on the verdict of the Allahabad High Court, which had declared the Uttar Pradesh Board of Madarsa Education Act, 2004, as unconstitutional. This development has brought the issue of state involvement in religious education and the principle of secularism into the limelight.

The Uttar Pradesh Board of Madarsa Education Act was enacted in 2004 with the aim of providing a framework for the administration of madrasas in the state. Madrasas are educational institutions that primarily teach Islamic theology and religious law, along with other subjects. The Act was challenged in the Allahabad High Court, which ruled that it violated the principle of secularism enshrined in the Constitution of India.

The High Court’s decision was based on the argument that the state cannot legislate in matters of religious education, which should remain independent of state control. The verdict emphasized that secularism is a part of the basic structure of the Constitution and that the state must treat all religions equally, without favoring one over another.

However, the Supreme Court’s stay order has paused the implementation of the High Court’s judgment. This means that the Uttar Pradesh Board of Madarsa Education Act, 2004, remains in effect until the Supreme Court makes a final decision on the matter. The stay order has been granted to allow the parties involved to present their case before the apex court, which will then deliberate on the constitutional validity of the Act.

The Supreme Court’s intervention is significant as it will provide clarity on the extent to which the state can involve itself in religious education. The final judgment will have far-reaching implications for the administration of madrasas and the interpretation of secularism in India.

The debate over the Uttar Pradesh Board of Madarsa Education Act, 2004, is not just a legal issue but also a social and political one. It raises questions about the role of religion in public education, the rights of religious minorities, and the state’s duty to uphold the principle of secularism. The Supreme Court’s upcoming decision will be closely watched by legal experts, religious groups, and civil society at large, as it will contribute to the discourse on secularism and the state’s role in religious education in India.

Vinay Kumar is Marketing Professional turned Entrepreneur, believes in turning ideas into reality.

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