Supreme Court Upholds U.P. Madrasa Act, Affirms State’s Regulatory Role

Supreme Court Upholds U.P. Madrasa Act, Affirms State’s Regulatory Role

Sub: Polity

Sec: Constitution

Why in News

The Supreme Court has upheld the constitutional validity of the Uttar Pradesh Madrasa Education Board Act, 2004, affirming the state’s right to regulate madrasa education to maintain standards, while striking down sections related to higher education that conflicted with central legislation.

Supreme Court’s Decision:

The Court upheld the Act’s provisions concerning elementary and secondary madrasa education but found the regulations for higher education (Kamil and Fazil) unconstitutional due to a conflict with the Union List.

The Act’s provisions regarding higher education encroached upon Entry 66 of the Union List, which grants exclusive power to the central government to regulate and set standards for higher education.

The judgment emphasized that the state’s oversight of madrasas aligns with the state’s positive obligation to ensure quality education that supports social participation and economic self-reliance.

The Madrasa Act, 2004:

The Uttar Pradesh Madrasa Education Board Act, 2004, was enacted to regulate madrasa education in the state to ensure educational standards and integrate religious and secular education.

The Act established a framework for the state government to oversee the curriculum, teacher qualifications, and infrastructure standards in registered madrasas.

The Act provides the legal framework for madrasa education in Uttar Pradesh where, apart from the curriculum of the National Council of Educational Research and Training (NCERT), religious education is imparted as well.

Thus, it integrates both religious and secular subjects.

Relevant Constitutional Provisions:

Article 30(1): Grants religious and linguistic minorities the right to establish and administer educational institutions of their choice.

Article 29: Protects the rights of any section of citizens to conserve their language, script, or culture.

Article 19(1)(g): Provides the right to practice any profession or to carry out any occupation, trade, or business, which may be subject to reasonable state restrictions.

Article 21A: Ensures free and compulsory education for children up to the age of 14, impacting state educational regulations.

Entry 66, Union List, Seventh Schedule: Grants the central government exclusive power to regulate and determine standards of higher education.