Supreme Court Upholds Uttar Pradesh Madrasa Education Act; Sets Limits On Higher Education Regulation

On Tuesday, the Supreme Court reaffirmed the constitutional validity of the Uttar Pradesh Board of Madrasa Education Act, 2004, overturning a previous ruling by the Allahabad High Court that had declared the Act unconstitutional.

The Supreme Court’s decision came from a bench comprising Chief Justice DY Chandrachud and Justices JB Pardiwala and Manoj Misra.

While upholding the Act, the Supreme Court specified that it is unconstitutional in aspects related to the regulation of higher education qualifications, specifically concerning ‘Fazil’ and ‘Kamil’ programs, which it found to conflict with the University Grants Commission (UGC) Act.

The bench emphasized that the Madarsa Act aims to set educational standards across Uttar Pradesh, noting that the right of minorities to manage educational institutions is not absolute.

It maintained that the state possesses the authority to regulate educational standards to ensure quality and consistency.

The Allahabad High Court had previously invalidated the UP Madrasa Act, asserting that it violated the secular principles that form a crucial part of the Constitution’s basic structure.

However, the Supreme Court clarified that legislation could only struck down for infringing upon fundamental rights or issues of legislative competence, rather than a perceived violation of the Constitution’s foundational principles.

The verdict stated, “The legislative scheme for the Act is to standardise level of education being prescribed in the madrasas. The Madrasa Act does not interfere with the day to day working of the madrasas. It is to protect the rights of minority in the State of Uttar Pradesh and is consistent with the positive obligation of the State which ensures the students to pass out and earn a decent living.”

Supreme Court Calls India A ‘Melting Pot’ Of Cultures; Emphasizes Diversity Preservation

During the proceedings, the Supreme Court described India as a ‘melting pot of cultures, civilizations, and religions’, stressing the importance of preserving this diversity.

It noted that educational institutions serving religious communities are not exclusive to Islam, as similar establishments exist across various faiths.

The National Commission for Protection of Child Rights (NCPCR) had raised concerns that the education provided in madrasas lacks comprehensiveness, thus contravening the Right to Education Act of 2009.

The Uttar Pradesh government, while supporting the Act, acknowledged the court’s ruling and expressed readiness to implement its directives.

The court delivered this ruling in response to appeals filed by several associations, including Anjum Kadari and the Managers Association Madaris Arabiya (UP), against the High Court’s decision.

These organizations advocate for the rights and educational standards within madrasas, which are institutions where students pursue Islamic and secular studies.

On 22 March, the Allahabad High Court ordered the state to arrange accommodations for students studying in madrasas in regular schools, highlighting the need for inclusive education in Uttar Pradesh.

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