GUWAHATI: The Supreme Court of India upheld the constitutional validity of the Uttar Pradesh Board of Madarsa Education Act 2004 on Tuesday, November 5 overturning an earlier judgement by the Allahabad High Court that had declared the law unconstitutional. The Supreme Court held that the High Court had erred in its assessment, asserting that the Act does not breach the Constitution’s secularism principle, a core tenet of the basic structure doctrine. Instead, the Court clarified that a statute may only be struck down if it violates specific fundamental rights or legislative provisions outlined in the Constitution.
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A bench comprising Chief Justice DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra concluded that the Madarsa Act is consistent with the state’s obligation to promote education and ensure a competent level of secular education for students in madarsas recognised by the Board. The Act aims to set educational standards, allowing students in madarsas to gain secular knowledge alongside religious education without compromising their minority character.
However, the Court found certain aspects of the Act unconstitutional, specifically its provisions concerning higher education degrees, such as ‘fazil’ and ‘kamil’, which overlap with the University Grants Commission (UGC) Act. The Court ruled that the regulation of these degrees falls under the UGC’s jurisdiction, as mandated by Entry 66 of List I (Union List).
The Supreme Court noted that, contrary to the High Court's interpretation, the Act does not undermine Article 21A, which guarantees the Right to Education, as minority institutions have particular protections under Article 30. Furthermore, the Court highlighted that the education imparted by madarsas remains within the state’s legislative competence, as delineated by Entry 25 of List III (Concurrent List), even if it includes religious components.
The Court also clarified that while religious education is part of the madarsa curriculum, it does not override secular standards or compel participation in religious instruction. The verdict recognises the dual role of madarsas in preserving religious education for the Muslim minority while adhering to the secular educational standards set forth by the Board and the state.
This decision came after a two-day hearing involving multiple petitioners and intervenors, including educational associations and representatives of the National Commission for Protection of Child Rights (NCPCR), who had challenged the High Court’s judgement. The NCPCR had contended that madarsa education failed to meet the quality standards guaranteed under Article 21A, though the Court ultimately held that madarsas fulfil the state's role in providing accessible education to minority communities.
