In a major relief for over 16,000 madrasas in Uttar Pradesh, the Supreme Court on Tuesday upheld the constitutional validity of the 2004 UP Board of Madrasa Education Act and set aside the Allahabad High Court judgment.
However, the Court held that the Madarsa Act, to the extent it regulates higher education in relation to ‘fazil’ and ‘kamil’ degrees, is in conflict with the UGC Act and to that extent it was unconstitutional, Live Law reported.
Earlier in March, the Allahabad High Court had struck down the Uttar Pradesh Board of Madrasa Education Act, 2004 (Madrasa Act), saying it violated the principles of secularism. The high court had asked the state government to accommodate madrasa students in the formal schooling system. Later in April, the apex court had stayed the HC verdict until it decided the validity of the UP law.
The Madrasa Act provides the legal framework for madrasa education where, apart from the curriculum of the National Council of Educational Research and Training (NCERT), religious education is imparted as well.
The law creates the Uttar Pradesh Board of Madarsa Education, predominantly comprising members of the Muslim community. The functions of the board are detailed under Section 9 of the Act, and include preparing and prescribing course material and conducting exams for all courses from ‘Maulvi’ (equivalent to Class 10) to ‘Fazil’ (equivalent to a Master’s).
Expounding its stance, the Uttar Pradesh government had told the Supreme Court Bench that it was of the view that the law is constitutional. It said that the Act need not have been struck down in entirety and only the offending provisions need to have been examined, Indian Express reported.
A bench comprising Chief Justice of India DY Chandrachud, Justice JB Pardiwala and Manoj Misra heard the challenge to Allahabad High Court’s March 22 judgment striking down the ‘Uttar Pradesh Board of Madrasa Education Act 2004’ as unconstitutional.
The petitions 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, Live Law reported.
The CJI, presiding over the SC bench, said: “The state does have a vital interest even in ensuring standards in places of religious instruction. You interpret it that way. But to throw out the Act is to throw the baby out with the bathwater”.
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The bench held that the high court had erred in holding that the statute must be struck down if it violates the secularism principle. “The state can regulate the standards of education (in madrasas) … regulations relating to the quality of education do not interfere with the administration of the madrasas,” the Chief Justice added.
The SC also noted that some of the provisions of the 2004 Act, which empowers the Board to give degrees like Kamil, Fazil etc may be in conflict with the provisions of The University Grants Commission Act’ (UGCA), 1956, which says that only universities within the meaning of the Commission statute.
“The Madrasa Act is within the legislative competence of the State Legislature and traceable to Entry 25 of List 3. However, the provisions of the Madrasa Act which seek to regulate higher education degrees such as ‘fazil’ and ‘kamil’ are unconstitutional as they are in conflict with the UGC Act which has been enacted under Entry 66 of List 1,” the court noted, Live Law reported.
The Uttar Pradesh Board of Madrasa Education Act, 2004, was introduced by a Samajwadi Party government led by party founder, the later Mulayam Singh Yadav.