Supreme Court upholds constitutional validity of UP Madarsa Act, sets aside Allahabad HC order

Supreme Court Judgement on Madrasa Law: The Supreme Court on Tuesday upheld the constitutional validity of the Uttar Pradesh Board of Madarsa Education Act 2004, except for its provisions allowing the Board to award higher degrees like Fazil and Kamil.

The court said that the awarding of higher degrees was unlawful since it is in conflict with the provisions of the University Grants Commission Act, 1956. A three-judge bench of the Supreme Court led by Chief Justice of India DY Chandrachud set aside the March 22 ruling of the Allahabad High Court which held the Act was unconstitutional.

"The Madrasa Act regulates the standard of education in Madarsa as recognised by the Board for imparting Madarsa education....is consistent with the positive obligation of the state to ensure that students studying and recognised Madrasas attain a level of competency.

which will allow them to effectively participate in society and earn a living" and "Article 21A (of the Constitution) and the Right to Education (RTE) Act have to be read consistently with the right of religious and linguistic minorities to establish and administer education institutions of their choice," the CJI said while reading out the verdict.

The Court said 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 the minority character."

The HC had struck down the Act saying it violated the principles of secularism, which is a feature of the basic structure of the constitution.

On this, the SC bench said a "statute can be struck down only for the violation of part 3 or any other provision of the constitution or for being without legislative competence.

The constitutional validity of a statute cannot be challenged for violation of the basic structure of the constitution.