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Supreme Court Upholds UP Madarsa Education Act, Strikes Down Provisions on Higher Degrees

Writer's picture: Legal Soch FoundationLegal Soch Foundation
2 min read

Supreme Court Upholds UP Madarsa Education Act Except for Higher Degree Provisions


On November 5, the Supreme Court upheld the constitutional validity of the 'Uttar Pradesh Board of Madarsa Education Act, 2004', reversing the Allahabad High Court's earlier decision to strike it down on the grounds of violating secular principles. The Supreme Court found that the High Court had erred, clarifying that a statute may only be struck down if it infringes fundamental rights or legislative competence under the Constitution. The Supreme Court emphasized that "the constitutional validity of a statute cannot be challenged for violation of the basic structure," focusing on secularism claims, as the Allahabad High Court had ruled.


However, the Supreme Court ruled that provisions of the Madarsa Act regulating higher education degrees such as ‘fazil’ and ‘kamil’ conflict with the University Grants Commission (UGC) Act and are therefore unconstitutional.


The ruling was issued by a bench led by Chief Justice DY Chandrachud, along with Justices JB Pardiwala and Manoj Misra, who heard arguments challenging the Allahabad High Court’s March 2023 decision declaring the Madarsa Act unconstitutional. The court underscored the Act’s role in maintaining educational standards in Madarsas recognized by the Board, aligning with the state's duty to provide competency in education. The judgment specified that Article 21A and the Right to Education Act must be harmonized with the rights of religious and linguistic minorities to establish and manage their educational institutions, allowing them to deliver secular education while preserving their minority identity.


The National Commission for Protection of Child Rights (NCPCR) and other intervenors argued that Madarsa education did not fulfill Article 21A's promise of quality education. They contended that while individuals have the right to religious education, it cannot substitute mainstream academic standards. The Supreme Court, in April, had stayed the High Court’s judgment, indicating that it had potentially misconstrued the Act.


In its original ruling, the Allahabad High Court had declared the law ultra vires and directed the UP government to create a scheme for integrating Madarsa students into the formal education system.






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