Supreme Court upholds validity of UP Madarsa Education Act, affirms rights of minorities

The Supreme Court of India has upheld the constitutional validity of the Uttar Pradesh Board of Madarsa Education Act, 2004, reversing an earlier decision by the Allahabad High Court.

| Updated: 05 November, 2024 5:20 pm IST
The Supreme Court of India has upheld the constitutional validity of the Uttar Pradesh Board of Madarsa Education Act, 2004, reversing an earlier decision by the Allahabad High Court.

NEW DELHI: The Supreme Court of India has upheld the constitutional validity of the Uttar Pradesh Board of Madarsa Education Act, 2004, reversing an earlier decision by the Allahabad High Court. The apex court’s ruling reaffirms the rights of minority communities to manage their educational institutions.

 

A three-judge bench, led by Chief Justice of India D.Y. Chandrachud,  along with Justices JB Pardiwala and Manoj Misra, delivered the verdict, emphasizing the importance of cultural and religious education within the broader framework of national education standards. The court stated that the Act does not violate the principles of secularism enshrined in the Constitution, as it integrates religious education with the curriculum prescribed by the National Council of Educational Research and Training (NCERT).

 

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The Uttar Pradesh Board of Madarsa Education Act was initially challenged because it violated Articles 14, 15, and 21-A of the Constitution, which guarantee equality before the law, prohibit discrimination, and ensure free and compulsory education for children up to the age of 14. The Allahabad High Court had previously struck down the Act, citing concerns over its alignment with secular principles.

 

However, the Supreme Court clarified that the Act’s provisions are consistent with the state’s obligation to protect minority rights and ensure educational standards. The court noted that the inclusion of religious instruction does not inherently render the legislation unconstitutional, provided it does not infringe upon fundamental rights or legislative competence.

 

The Court clarified, “A statute can be struck down only for a violation of Part III or legislative competence and not for violating the basic structure. The High Court erred in holding that the statute had to be struck down for such a reason.”

 

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This ruling has significant implications for the approximately 23,500 madrasas in Uttar Pradesh, of which 16,513 are recognized and registered with the state government. The decision allows these institutions to continue operating under state-regulated education standards, ensuring that students receive both religious and secular education.

 

However, the Supreme Court did set aside specific provisions within the Act that allowed the Madarsa Board to establish higher education syllabi and textbooks for advanced courses, such as kamil (postgraduate) and fazil (junior research programs), as these provisions conflicted with the University Grants Commission Act.

 

The Supreme Court’s decision has been welcomed by various minority rights groups, who view it as a reaffirmation of their constitutional rights. The Uttar Pradesh government also expressed satisfaction with the ruling, highlighting its commitment to providing quality education to all sections of society.

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