The Supreme Court upheld the Uttar Pradesh Board of Madarsa Education Act, 2004, affirming its constitutionality while overturning a prior decision by the Allahabad High Court that deemed it unconstitutional for violating secularism. The Court emphasized that statutes can only be invalidated for fundamental rights violations, not for conflicting with basic structure, thereby reinforcing the Act’s role in upholding minority education rights within a secular framework.
New Delhi: The Supreme Court today upheld the constitutional validity of the Uttar Pradesh Board of Madarsa Education Act, 2004, which establishes the Madrasa Board and provides for the administration of madrasas by the Minority Welfare Department. This significant ruling overturned a previous decision by the Allahabad High Court, which had declared the Act unconstitutional for allegedly violating secularism, a fundamental principle of India’s Constitution.
A bench led by Chief Justice of India (CJI) DY Chandrachud and Justices JB Pardiwala and Manoj Misra clarified that a statute can only be invalidated on grounds of violating fundamental rights under Part III of the Constitution or legislative competence, not for infringing the basic structure of the Constitution. The Court emphasized:
“Statute can be struck down only for violation of Part III or legislative competence and not for violating basic structure. The High Court erred in holding that the statute had to be struck down for violating basic structure.”
The Court further stated that the objective of the Act aligns with the State’s positive obligation to protect minority rights. According to the ruling,
“The legislative scheme for the Act is to standardize the level of education being 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 minorities in the State of Uttar Pradesh and is consistent with the positive obligation of the State which ensures students to pass out and earn a decent living.”
The Allahabad High Court had earlier invalidated the Act on the grounds that it conflicted with the principle of secularism. The petitioners argued that the Act compromised quality education by not meeting the standard requirements set by Article 21A, which mandates free and compulsory education for children up to the age of 14. The High Court agreed, ruling that while the State holds the authority to establish education laws, such education must be secular. It stated,
“The State has no power to create a Board for religious education or to establish Board for school education only for a particular religion and philosophy associated with it.”
The High Court concluded that this Act violates Article 14 by denying equal treatment to all students, regardless of religion.
The High Court also contended that the education offered under the Madrasa Act was not comparable to that provided by State-recognized schools, deeming it neither universal nor of high quality. The judgment highlighted that while students from other religious backgrounds receive comprehensive modern education, madrasa students lack equal access to quality education, thereby infringing upon Articles 21 and 21A.
The Supreme Court’s verdict overturned the High Court’s interpretation, underscoring the Act’s role in safeguarding minority educational rights without disrupting secularism. The Court observed that regulation of madrasas falls within the State’s jurisdiction under the Directive Principles of State Policy, as provided in Article 39. Further, it reasoned that allowing the State to regulate minority education contributes to national welfare without contravening constitutional mandates.
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The Court’s decision reinforces the notion that religious and minority education institutions have the right to function with state-regulated oversight for quality assurance without infringing upon secularism. It also clarifies that States have the right to protect minority rights through legislation, so long as it does not conflict with fundamental constitutional principles.
This ruling by the Supreme Court is anticipated to influence similar laws and cases across India, ensuring that minority education is both respected and maintained under lawful State oversight. By upholding the Madrasa Education Act, the Supreme Court has reaffirmed India’s commitment to protecting minority rights within a secular framework.
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