UP Madrasa Act to remain intact
The Supreme Court’s decision on the UP Madrasah Education Act, 2004 came as a news of relief for madrassas. In its decision, the Supreme Court overturned the decision of the High Court, which declared madrassas unconstitutional. More than 16,000 madrasas in Uttar Pradesh will benefit from this court decision.
This decision was taken by a three-judge bench constituted under the chairmanship of Chief Justice DY Chandrachud. In the decision, the Allahabad High Court’s decision regarding UP madrassas was set aside. The court also commented that no law can be struck down simply by citing a violation of the basic structure of the Constitution. This can only be done when it goes against fundamental rights or if a law has been enacted by a government that does not have the constitutional right to do so.
What is the UP Madrasa Education Act, 2004?
The UP Madrassa Education Act was enacted in 2004 by the then Mulayam Singh government. It was said that all madrassas would be subject to government rules. With this decision, more than 16 thousand registered madrasas in UP became directly dependent on the government. Another 8,000 madrasas were left out of this Law and are not registered. There are 560 madrassas across the state that are run on government funds.
What was the order of the Allahabad High Court?
The Lucknow Bench of the Allahabad High Court, hearing a petition on March 22 this year, declared as unconstitutional the UP Madrasa Education Act, 2004. Actually, this law was passed when Mulayam Singh Yadav was the CM. In the decision, the High Court stated that the state government has no right to constitute a separate board for religious education of any particular religion. The court also raised questions about the quality of education in madrasas. The court also ordered the state government to enroll children studying in madrasas in other schools and, if necessary, also increase the seats for this.
The petitioner presented this argument before the Supreme Court.
The petitioner who approached the Supreme Court against the decision of the Lucknow bench of the Allahabad High Court had argued that madrassas were functioning since 1908. Of them, 10 thousand teachers are teaching. If they are abolished, how will students get religious education? It was also said in the petition that madrassas function only under government orders. The government curriculum is also being implemented.
What decision did the Supreme Court make?
The Supreme Court overturned the High Court’s decision and said that the Madrasah Board and the State Government have powers to determine the standards of education. The top court said the government can regulate madrassas for quality education. The legislative objective of the law is to standardize the level of education prescribed in madrasas. The Madrasah Act does not interfere with the day-to-day functioning of madrassas and is intended to protect the rights of minorities in the state of Uttar Pradesh and is in consonance with the positive obligation of the State. The Supreme Court said that the state government can make rules regarding education in madrassas, however, no student can be forced to undergo religious education. The court also said that the Madrasa Board cannot grant high level titles like Fazil, Kamil, which is contrary to the UGC Act.
