SC imposes interim stay on Allahabad HC order on UP Board of Madarsa Education Act

The Supreme Court on Friday imposed an interim stay on an order of the Allahabad High Court that declared the Uttar Pradesh Board of Madarsa Education Act, 2004, “unconstitutional” and violative of the principle of secularism.

A three-judge bench headed by Chief Justice D Y Chandrachud issued notices to the Centre, Uttar Pradesh government and others on the pleas against the high court order.

“The object and purpose of Madarsa board is regulatory in nature and the Allahabad HC is not prima facie correct that establishment of board will breach secularism,” the bench, also comprising Justices J B Pardiwala and Manoj Misra, said.

The top court said HC has misconstrued provisions of the 2004 act as it does not provide for religious instruction and the purpose and character of the statute is regulatory in nature.

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