The Supreme Court on Tuesday upheld the constitutional validity of the ‘Uttar Pradesh Board of Madarsa Education Act 2004’ stating that it regulates the standards of education in respect of recognized Madrasas in the State, as the top court set aside the Match 22, 2024, Allahabad High Court judgment which had struck down the Madarsa Act as unconstitutional on the grounds of its being ‘non-secular’ and had ordered closure of madarsa.

Heading a bench comprising Justice JB Pardiwala and Justice Manoj Misra, Chief Justice DY Chandrachud, however, held that the provisions of the ‘Uttar Pradesh Board of Madarsa Education Act 2004’ (Madarsa Act) regulating higher education degrees of ‘fazil’ and ‘kamil’, as unconstitutional being in conflict with the University Grant Commission Act.

“The Madarsa Act is within the legislative competence of the State legislature and traceable to Entry 25 of List III. However, the provisions of the Madarsa 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 I”, said the top court in the judgment pronounced today.

Holding that the right of minorities to administer educational institutions is “not absolute”, the Chief Justice Chandrachud pronouncing the judgment said, “The Madarsa Act is consistent with the positive obligation of the State to ensure that students studying in recognised Madarsas attain a level of competency which will allow them to effectively participate in society and earn a living.”

“…the right to administer minority educational institutions is not absolute. The right to administer educational institutions implies an obligation and duty of minority institutions to provide a standard of education to the students”, reads the judgment.

Speaking for the bench, Chief Justice Chandrachud said, “Article 21-A and the RTE Act have to be read consistently with the right of religious and linguistic minorities to establish and administer educational institutions of their choice. The Board with the approval of the State government can enact regulations to ensure that religious minority institutions impart secular education of a requisite standard without destroying their minority character.”

The Allahabad High Court had struck down the ‘Uttar Pradesh Board of Madrasa Education Act 2004’ for violating principles of secularism – a facet of basic structure of the Constitution.

“The Madarsa Act is within the legislative competence of the State legislature and traceable to Entry 25 of List III. However, the provisions of the Madarsa 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 I”, the judgment said referring to the list of the subjects covered under the State and the central list.

The top court further said, “The Madarsa Act secures the interests of the minority community in Uttar Pradesh because: (i) it regulates the standard of education imparted by the recognised Madarsas; and (ii) it conducts examinations and confers certificates to students, allowing them the opportunity to pursue higher education. The Madarsa Act is consistent with the positive obligation of the State to ensure that students studying in the recognised Madarsas attain a minimum level of competency which will allow them to effectively participate in society and earna living.99 Therefore, the Madarsa Act furthers substantive equality for the minority community.”

The legislative scheme of the Madarsa Act, the judgment says, suggests that it has been enacted to regulate the standard of education in Madarsas recognized by the Board for imparting Madarsa education. The Madarsa Act grants recognition to Madarsas to enable students to sit for an examination and obtain a degree, diploma, or certificate conferred by the Board. The statute envisages granting recognition to Madarsas which fulfil the prescribed standards for staff, instructions, equipment and buildings.

The grant of recognition, the judgment says, imposes a responsibility on the Madarsas to attain certain standards of education laid down by the Board. Access to quality teachers, course materials, and equipment will allow Madarsa students to achieve stipulated educational and professional standards.