“Does Not Violate Principle Of Secularism”: Supreme Court Upholds Constitutional Validity Of UP Madrasa Act

The Supreme Court on Tuesday upheld the constitutional validity of the Uttar Pradesh Board of Madrasa Education Act 2004 and set aside the Allahabad High Court’s March 22 verdict, which had struck down the Act. 

A bench Chief Justice of India DY Chandrachud and Justices JB Pardiwala and Manoj Misra however, held the Madarsa Act unconstitutional to the extent it regulates higher education in relation to ‘Fazil’ and ‘Kamil’, which is in conflict with the UGC Act. 

The Madarsa Act regulates the standards of education in the State of Uttar Pradesh, said the bench while pronouncing the verdict on pleas against the High Court’s judgement. The right of minorities to administer educational institutions is not absolute, and the state can regulate the standards of such education, it added. 

The Allahabad High Court struck down the UP Madrasa Act for violating principles of secularism, a facet of the Constitution’s basic structure. The apex court said that a law can be struck down for violating fundamental rights under part III of the Constitution or on grounds of legislative competence but not for violating basic structure. 

“The legislative scheme for the Act is to standardise the level of education 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 the minority in the State of Uttar Pradesh and is consistent with the positive obligation of the State, which ensures that the students pass out and earn a decent living,” the verdict of the top court stated. 

During the case hearing, the apex court had described India as a “melting pot of cultures, civilisations and religions” and stressed taking steps to preserve it.

It was said that such religious instructions are not unique to the Muslim community, and other religions have the same, too. NCPCR had contended that the education imparted to children in Madrasa is not comprehensive and is therefore against the provisions of the Right to Education Act, 2009. 

The Uttar Pradesh government had said that it supported the legislation. However, it added that the state has accepted the ruling. The top court’s ruling came on an appeal against the High Court judgment striking down ‘UP Board of Madarsa Education Act 2004’ as unconstitutional and violative of secularism and fundamental rights. The appeals against the High Court order were filed by Anjum Kadari, Managers Association Madaris Arabiya (UP), All India Teachers Association Madaris Arabiya (New Delhi), Manager Association Arbi Madarsa Nai Bazar and Teachers Association Madaris Arabiya Kanpur. 

Madarsas are institutions where students may pursue Islamic studies and other education. On March 22, Allahabad High Court found that the 2004 Act violated the principle of secularism enshrined in the Constitution of India. The High Court further asked the State to take immediate steps to accommodate students pursuing studies in Madarsas of Uttar Pradesh in other schools.