The Allahabad High Court (All. HC), while dealing with a reference order passed by a Single Judge regarding the vires of U.P. Board of Madarsa Education Act, 2004 (Madarsa Act) on the ground of being violative of Art.14, 21 & 21-A of the Constitution, has held that the scheme of the Madarsa Act appears to be only for the promotion & for imparting education of Islam & its philosophy and while, the State has the power to legislate laws viz. education at school level, such power cannot be exercised to create a Board for religious education. The All. HC noting that the Madrasa Act is not secular in its object, held it unconstitutional.
