India’s Supreme Court Stays High Court Order on Islamic Education Schools Unconstitutionality

On Friday, the Indian Supreme Court stayed an order from Uttar Pradesh state’s Allahabad High Court (AHC). The order had deemed the state’s legislation for the creation and regulation of Islamic education schools, known as Madarsas, as unconstitutional.

A Supreme Court bench, comprising the Chief Justice of India (CJI), held the AHC order while considering a range of petitions against the ruling. The CJI
remarked that the relocation of the students, as directed by the High Court, would affect some 17 lac students and that such a move was not warranted. The Supreme Court will consider the matter further in June 2024.

Senior advocate and Indian National Congress leader Salman Khurshid spoke to the press about the Supreme Court’s decision, highlighting that Madarsa education is not solely about religious studies and the decision would hold till the matter is further heard in July.

Iftikhar Ahmed Javed, Chairman of the Uttar Pradesh Board of Madarsa Education, welcomed the stay on the AHC ruling. He emphasized the role of Madarsas in increasing the literacy rate in the state.

The Uttar Pradesh Board of Madarsa Education Act, 2004, which came under scrutiny was passed with the aim to improve the quality of education and facilities for Madarsa students. According to a report, there are approximately 24,000 Madarsas in India where students study the Quran, Sharia, theology, and Arabic.

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