The Supreme Court of India recently reaffirmed the validity of the Uttar Pradesh Madrasa Education Act, 2004, providing clarity and relief to nearly 17 lakhn madrasa students across the state. The court's decision, issued on October 22, 2024, overturns an earlier ruling by the Allahabad High Court, which had deemed the Act unconstitutional, sparking significant debate on secularism and the role of religious education in India.
Board can't issues degrees: SC
However, the Supreme Court has struck down some provisions of this law which gave the board the authority to issue Kamil, Fazil and other such degrees.
According to the court, issuing such degrees is against the University Grants Commission i.e. UGC.
The UP Madrasa Act and Initial Challenges
The UP Madrasa Board Education Act, implemented in 2004 under the then-Mulayam Singh Yadav-led government, established a framework for the administration and regulation of madrasas in the state. Over the years, the Act became a subject of legal contention, beginning with a petition in 2012 by Sirajul Haq, manager of Darul Uloom Wasia Madrasa, who argued that religious education in madrasas created social divides.
Additional petitions followed, including those by Abdul Aziz in 2014, Mohammad Javed in 2019, Rajul Mustafa in 2020, and Anshuman Singh Rathore in 2023, all calling for the repeal of the Act, asserting that it fostered discrimination by promoting a religiously specific education system.
HC declared Madrasa Act unconstitutional
In March 2024, the Lucknow Bench of the Allahabad High Court issued a landmark 86-page verdict that declared the Madrasa Act unconstitutional, arguing that it violated the secular fabric of the country. The court emphasized that children from different religious backgrounds should not be subject to discriminatory educational systems based on religion. According to the ruling, providing distinct religious education within state-supported institutions contravened secular principles and created undue divides.
SC Intervenes: Stay on HC Ruling
Following the Allahabad High Court's decision, Anjum Qadri, manager of Madrasa Azizia Ijazutul Uloom, appealed to the Supreme Court to review the ruling. On April 5, 2024, the Supreme Court issued a stay on the High Court’s judgment, providing temporary relief to madrasas. The court questioned the High Court's interpretation of secularism, stating that its assessment was "not prima facie right." This preliminary ruling underscored the Supreme Court's inclination to support religious education, provided it does not conflict with constitutional principles.
Madrasa Act doesn't undermine the Constitution's secular structure
In the final ruling issued in October 2024, the Supreme Court concluded that the UP Madrasa Act did not violate fundamental rights or undermine the Constitution's secular structure. The decision recognized madrasas as legitimate educational institutions that preserve cultural and religious diversity. Chief Justice DY Chandrachud, who led the bench, remarked, "Secularism means live and let live," affirming that religious education, when practiced inclusively, aligns with India's pluralistic values.
The court emphasized that religious education has historically been integral to India's educational landscape and cultural heritage. For instance, Buddhist monks have long received specialized religious training, demonstrating how religious institutions coexist with secular education models. According to the court, India’s secularism does not imply the absence of religious education but rather ensures its harmonious coexistence with secular subjects.
The Supreme Court’s ruling upholding the UP Madrasa Act marks a milestone for religious education in India. By affirming the constitutional validity of the Madrasa Act, the court has not only protected madrasas but also reinforced India’s commitment to pluralism and diversity. The decision affirms that religious education can coexist within India’s secular framework, ensuring that minority communities continue to enjoy their rights to education and religious expression.
(PRAKASH KUMAR PANDEY)