The Supreme Court on Monday said it will list for final hearing the pleas challenging the Allahabad High Court order that had scrapped the Uttar Pradesh Board of Madarsa Education Act, 2004, calling it “unconstitutional” and violative of the constitutional principle of secularism.
The top court had on April 5 stayed the high court judgement, saying the issues raised in seven petitions against the verdict merited “closer reflection”.
A bench comprising Chief Justice D Y Chandrachud and justices JB Pardiwala and Manoj Misra said it will list the pleas for final disposal on August 13.
It also appointed lawyer Ruchira Goel as nodal counsel for ensuring filing of common compilation of documents in electronic form.
Senior advocate Abhishek Singhvi, appearing for one of the petitioners, said a contempt petition against the state government has also been filed.
“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,” the CJI said, adding the issues for adjudication are on a narrow compass.
“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 top court had said while staying the HC verdict.
The bench had said the high court “prima facie” misconstrued the provisions of the Madarsa Act, which did not provide for any religious instruction.
The apex court had said the high court, while striking down the provisions of the Madarsa Act, directed relocation of the students.
“This would affect 17 lakh students….we are of the view that the direction of relocation of students to other schools was not warranted,” it had said.
“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,” the bench had ordered.
Additional Solicitor General K M Nataraj, appearing for Uttar Pradesh, had submitted that the state government defended the Act but has accepted the high court’s judgement which struck down the law.
“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,” Nataraj had said, adding no madarsa is being shut down by the government.
Nataraj said the Uttar Pradesh government bears a financial burden of Rs 1,096 crore every year in aid to madarasas.
The high court had on March 22 declared the Uttar Pradesh Board of Madarsa Education Act, 2004, “unconstitutional” and violative of the principle of secularism, and asked the state government to accommodate students in the formal schooling system.
The high court had declared the law ultra vires on a writ petition filed by advocate Anshuman Singh Rathore.
It said 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.” “We hold that the Madarsa Act, 2004, is violative of the principle of secularism, which is a part of the basic structure of the Constitution of India,” the high court had said.
The petitioner had challenged the constitutionality of the UP Madarsa Board as well as objected to the management of madarsas by the Minority Welfare Department instead of the education department.
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