Supreme Court Partially Upholds Uttar Pradesh Madarsa Education Act, 2004

Why in the news?

The Supreme Court upheld the constitutional validity of the Uttar Pradesh Board of Madarsa Education Act, 2004, excluding provisions on higher education. This decision overturned the Allahabad High Court’s earlier ruling that struck down the Act for breaching secularism principles.

Supreme Court Partially Upholds Uttar Pradesh Madarsa Education Act, 2004

Allahabad HC’s Concerns

  • The Allahabad HC ruled that the Act breached the Constitution’s basic secularism structure, making religious education compulsory while making secular subjects optional.
  • It also claimed that the Act violated Article 21 A’s right to education by prioritising religious over quality secular education.
  • HC argued the Act conflicted with the UGC Act by allowing madarsas to grant higher degrees, which only accredited universities can confer.

SC’s Reasoning for Validity and Exceptions

  • The SC clarified that the basic structure doctrine applies to constitutional amendments, not ordinary laws, citing Indira Gandhi v. Raj Narain as precedent.
  • The SC stated that states can reasonably regulate minority institutions without compromising their minority status.
  • However, the SC struck down Section 9 provisions that allowed madarsas to grant degrees, as it contradicted the UGC Act’s stipulations that only recognized universities can award degrees.

Understanding the UP Madrasa Education Act, 2004:

  • Enacted to organise madrasa education, covering subjects like Arabic, Urdu, Persian, Islamic studies, Tibb (traditional medicine), and philosophy.
  • A restructured board oversees the Act, including a chairperson, educational representatives, and legislative members from Sunni and Shia sects, NCERT, and state-run institutions.
  • Madarsas in Uttar Pradesh provide religious education in Islamic studies and mainstream secular education, following the NCERT curriculum.
  • The Act established the UP Board of Madarsa Education, which sets course material, conducts exams, and allows the state to create rules for madarsa regulation.

Article 21(A) – Right to Education

  • Ensures free and compulsory education for children aged 6-14.
  • Added by the 86th Amendment Act, 2002, as a Fundamental Right for elementary education.
  • Previously under Article 45 in Part IV for children’s free education.

Sources Referred:

PIB, The Hindu, Indian Express, Hindustan Times