SC Upholds Uttar Pradesh Madrasa Education Board Act, 2004

• 06 Nov 2024

Why in News?

Recently, the Supreme Court partially upheld the constitutional validity of the Uttar Pradesh Madrasa Education Board Act, 2004, affirming that the state has the authority to regulate madrasa education to maintain standards of excellence.

Key Points

• Supreme Court's Judgment:
  • The Court declared that provisions concerning higher education, specifically at the Fazil (undergraduate) and Kamil (postgraduate) levels, were unconstitutional.
    • These provisions conflicted with the University Grants Commission Act, 1956 falling under the Centre's exclusive jurisdiction as per Entry 66 of the Union List in the Seventh Schedule of the Constitution.
  • The judgment stated that the Act was consistent with the state’s duty to ensure that students in recognised madrasas acquire a minimum level of competency. This ensures they can participate effectively in society and earn a living.
  • The Court emphasized that while minorities have the right under Article 30 of the Constitution to establish and manage their educational institutions, this right is not absolute.
    • The state has a legitimate interest in maintaining educational standards in minority institutions and can impose regulatory conditions for aid and recognition.
  • The Court interpreted 'education' in Entry 25 of the Concurrent List broadly, stating that while madrasas impart religious education, their primary purpose is educational, bringing them within the ambit of this entry.
    • The Madrasa Board conducts exams and issues certificates to students, further aligning with the educational framework.
  • The Supreme Court set aside the Allahabad High Court's ruling, which had stated that the 2004 Act violated Article 21A (Right to Education) and the secularism principle of the Constitution.
    • The Court clarified that Article 21A should be interpreted alongside the rights of religious and linguistic minorities to establish educational institutions.
  • Referring to Article 28(3) of the Constitution, the Court added that students attending a State-recognised minority institution should not be compelled to take part in religious instruction or worship, ensuring their right to freedom of religion.

Uttar Pradesh Board of Madarsa Education Act, 2004

• The Act aimed to regulate and govern the functioning of madrasas (Islamic educational institutions) in the state of Uttar Pradesh.
  • It provided a framework for the establishment, recognition, curriculum, and administration of madrasas across Uttar Pradesh.
  • Under this Act, the Uttar Pradesh Board of Madarsa Education was established to oversee and supervise the activities of madrasas in the state.