UP Madrasa Act / Know on what basis SC stayed the High Court's decision?

UP Madrasa Act: Allahabad High Court had given its decision to cancel the UP Madrasa Act. After this, Madrasa Azizia Ijajutul Uloom approached the Supreme Court. In his petition, he said that due to the decision of the High Court, question marks have been raised on the future of lakhs of children studying in madrassas. Therefore the decision should be stayed. The case was heard by a bench headed by Chief Justice DY Chandrachud and stayed the decision to repeal the Act. Know what was the ground on which the Supreme Court banned…

Abhishek Manu Singhvi appeared in the court on behalf of the petitioner and expressed surprise and objection to the decision of the High Court citing the number of students (about 17 lakhs). He said that on the orders of the UP government, all subjects including science, Hindi and mathematics are being taught in madrassas. Despite this, action is being taken against them. This is the position of the 120 year old Code (the original Code of 1908). The 1987 rules still apply.

‘Should we tell them that this is Hindu religious teaching?’

Singhvi further said, while giving its verdict, the High Court had said that if you teach any religious subject then it is imparting religious belief, which is against secularism. Referring to his father, Singhvi said, Gurukuls are famous in today's times, they are doing good work. My father also has a degree. Should we shut them down and say this is Hindu religious teaching?

During the hearing, the CJI told the government, you had earlier supported the Madrasa Act in your affidavit. On this, the Attorney General said that now that the High Court has declared the Act unconstitutional, we accept it because the High Court is a constitutional court. We cannot afford these expenses. Involvement of religion at any level is a dubious issue. The UP government is taking steps on the orders of the High Court.

Aadhaar became the basis of education of 17 lakh children

After hearing the arguments of both the parties, the Supreme Court said, the decision of the High Court will affect the future of education of 17 lakh children. We are of the view that this direction was prima facie not appropriate. The court issues notices to all other parties including the UP government on petitions seeking to challenge the High Court. All parties including the state government will have to file their reply in the Supreme Court on or before June 30, 2024. There will be a stay on the order and decision of the High Court of 22 March 2024.