Supreme Court upholds constitutional validity of Uttar Pradesh madrasa law : Valley Vision

The Supreme Court on Tuesday upheld the constitutional validity of the 2004 Uttar Pradesh Board of Madarsa Education Act.

The court’s decision reversed an earlier ruling by the Allahabad High Court, which had struck down the Act in March on the grounds that it violated the secular principles of the Constitution.

The Supreme Court had issued a stay on the High Court’s decision in April, allowing the Act to remain in effect until its final judgement.

The Act provides a legal framework for the functioning of madrasas in Uttar Pradesh, including the integration of the National Council of Educational Research and Training materials alongside religious education. Section 9 of the Act empowers the Uttar Pradesh Board of Madarsa Education, primarily composed of Muslim community members, to design and regulate educational content and to oversee examinations for levels ranging from maulvi (class 10 equivalent) to fazil (master’s degree equivalent). The University Grants Commission Act stipulates that only universities that meet specific statutory requirements are authorised to grant such degrees.

The Madarsa Act is consistent with the positive obligation of the state to ensure that the students studying in recognised madrasas attain a level of educational competency that will allow them to participate in society and earn a living, Live Law quoted the apex court as having ruled.

Chandrachud remarked: “The state does have a vital interest even in ensuring standards in places of religious instruction…to throw out the Act is to throw the baby out with the bathwater.”

The Supreme Court said that the High Court had erred in holding that the education provided in madrasas violates Article 25 of the Constitution, which deals with religious freedom.