Supreme Court upholds Uttar Pradesh Madarsa Education Act, reverses HC ruling

The Supreme Court on Tuesday upheld the constitutional validity of the Uttar Pradesh Board of Madarsa Education Act 2004, overturning an earlier decision by the Allahabad High Court, which had struck down the Act. The High Court had ruled the Act unconstitutional, saying it violated the basic structure principle of secularism. However, the top court clarified that a statute could only be invalidated if it breached fundamental rights outlined in Part III of the Constitution or legislative competence provisions.

"The constitutional validity of a statute cannot be challenged for violation of the basic structure of the Constitution,” the Supreme Court ruled. "In a challenge to the statute for the violation of the principles of secularism, it must be shown that the statute violates provisions of the Constitution pertaining to secularism. The High Court erred in holding that the statute is bound to be struck down if it is violative of the basic structure."

The SC further stated that madarsas granting ‘fazil’ and ‘kamil’ degrees beyond class 12 would not be recognised by the Uttar Pradesh Madarsa Board due to conflicts with the University Grants Commission (UGC) Act, deeming such provisions unconstitutional.

The decision was delivered by a bench comprising Chief Justice of India DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra, which reviewed the Allahabad High Court's March 22 ruling. This judgment will allow madarsas to continue operating under state-regulated education standards in Uttar Pradesh. The court also clarified that the Act does not interfere with the day-to-day functioning of madarsas.

"The Act is to protect the rights of a minority in Uttar Pradesh and is consistent with the positive obligation of the state, which ensures students can pass out and earn a decent livelihood. The mere fact that a legislation includes some sort of religious training or instruction does not make it unconstitutional," the Supreme Court noted.

There are currently 23,500 madarsas in Uttar Pradesh, of which 16,513 are recognised and registered with the state government. Among these, 560 receive funding from the state.