SC upholds constitutional validity of UP Board of Madarsa Education Act 2004

The Supreme Court yesterday upheld the constitutional validity of the Uttar Pradesh Board of Madarsa Education Act, 2004. A bench comprising Chief Justice of India DY Chandrachud, and Justices JB Pardiwala and Manoj Misra gave the verdict against the Allahabad High Court’s March 22 judgement that declared the Act as “unconstitutional” and violative of the principles of secularism.

The Apex Court said that the statute can be struck down if a state lacks legislative competence. The ruling means that madarsas would continue to function in Uttar Pradesh with the state regulating the education standards.

Earlier in April, staying the impugned decision, the Bench, also



comprising Justices J.B. Pardiwala and Manoj Misra, had observed that the Allahabad High Court misconstrued the provisions of the Madarsa Act and the view taken by it was prima facie not correct.

The Supreme Court, however, held the Madarsa Education Act “unconstitutional” to the extent it regulates higher education in relation to ‘fazil’ and ‘kamil’ degrees granting by Madarsas beyond class XII for being in conflict with the UGC Act.

The Supreme Court said that the Allahabad High Court erred in holding that the madarsa law had to be struck down for violating basic structure, which is the principle of secularism.