The story so far: The Supreme Court on April 5 stayed the operation of the Allahabad High Court’s decision declaring the Uttar Pradesh Board of Madarsa Education Act, 2004 (Act) unconstitutional. The legislation allowed the State government to establish the Uttar Pradesh Board of Madarsa Education to regulate madarsas in the State and impart education from primary to postgraduate and research levels.
A Bench comprising Chief Justice of India (CJI) DY Chandrachud and Justices JB Pardiwala and Manoj Misra passed the interim stay order, observing that the High Court’s views appeared to be prima facie incorrect and that the object of the statute is merely regulatory in nature.
Notably, after the Bench enquired why the State was not defending the legislation as it had done in the High Court, Additional Solicitor General (ASG) K.M. Nataraj clarified that the Uttar Pradesh government has now learnt to “accept” the High Court’s verdict.
