The Supreme Court of India, on Tuesday, upheld the constitutional validity of the Uttar Pradesh Board of Madrasa Education Act of 2004, reversing a prior decision by the Allahabad High Court that had struck down the act for allegedly violating secular principles. The judgment was delivered by a three-judge bench led by Chief Justice of India D Y Chandrachud.
In March, the Allahabad High Court had invalidated the Madrasa Act, prompting an appeal to the Supreme Court which temporarily stayed the High Court’s decision in April, pending a final ruling. The Act, under scrutiny, outlines the governance of madrasa education in Uttar Pradesh, integrating NCERT curricula with religious studies and is managed by the Uttar Pradesh Board of Madrasa Education, which primarily consists of members from the Muslim community.
Key aspects of the Act include the development and prescription of course material and the administration of examinations for educational levels from ‘Maulvi’ (equivalent to Class 10) to ‘Fazil’ (equivalent to a Master’s degree). The state government defended the Act’s constitutionality in the Supreme Court, arguing against a wholesale nullification and suggesting a more measured scrutiny of specific contentious provisions.
Chief Justice Chandrachud emphasized the state’s significant role in maintaining educational standards even in religious institutions, cautioning against discarding the law entirely without considering its broader implications. “To throw out the Act is to throw the baby out with the bathwater,” he remarked during the proceedings.
The Supreme Court also pointed out potential conflicts between the Madrasa Act and the University Grants Commission Act of 1956, particularly regarding the authority to confer degrees such as Kamil and Fazil, traditionally overseen by recognized universities under the UGC Act.
