The Supreme Court recently upheld the constitutionality of the Uttar Pradesh Board of Madarsa Education Act, 2004, except for the provision that allowed the Board to confer higher degrees like Fazil and Kamil. The Court found that awarding these degrees conflicted with the University Grants Commission (UGC) Act, 1956, which governs standards for higher education across India.
A three-judge bench, led by Chief Justice DY Chandrachud, overturned a previous Allahabad High Court ruling that had declared the Act unconstitutional. The Supreme Court clarified that the Act aligns with the state’s obligation to ensure a quality education for students in recognized madrasas while maintaining their religious and minority character. The Court noted that the Act is consistent with Article 21A of the Constitution, which mandates free and compulsory education for children, and the Right to Education (RTE) Act, which ensures educational standards.
The Supreme Court explained that while minority institutions have the right to administer their educational institutions under Article 30, this right is not absolute. The state may impose reasonable regulations to maintain educational standards, including oversight on subjects, qualifications of teachers, and student facilities, as part of its broader role in ensuring educational quality. The Court specified that state oversight does not violate the principle of secularism or the basic structure of the Constitution.
The Court also addressed the matter of secularism, stating that a statute’s constitutionality cannot be challenged solely based on alleged violations of the basic structure unless these violations are explicitly tied to constitutional provisions. It criticized the High Court’s interpretation, noting that secularism, while integral to the Constitution, must be applied within the scope of constitutional provisions when assessing the validity of a statute.
In conclusion, the Court upheld the Act’s provisions as necessary and reasonable to ensure that students in madrasas receive an education that enables societal participation and future educational opportunities, without infringing on the rights of religious and linguistic minorities.
