Uttar Pradesh Board of Madarsa Education Act 2004

Context:

Recently, the Supreme Court partially upheld the constitutional validity of the Uttar Pradesh Madrasa Education Board Act, 2004, overturning the Allahabad High Court ruling (March 2024) which declared it unconstitutional.

Relevance:

GS II: Polity and Governance

Dimensions of the Article:

1. Why the Supreme Court Upheld the UP Madrasa Education Board Act, 2004?
2. Uttar Pradesh Board of Madarsa Education Act, 2004

Why the Supreme Court Upheld the UP Madrasa Education Board Act, 2004?

• The Madrasa Act, 2004 effectively regulates the standards of education which aligns with the state’s obligation to ensure that students achieve a level of competency to participate actively in society.
• Hence, the Supreme Court held that the Madarsa Act falls well within the legislative competence of the State Legislature as the Entry 25 of List 3 (Concurrent List) of the Constitution falls in its fold.
• The Court made a difference between religious education and religious instruction.
• The Court held in Ms. Aruna Roy vs Union of India, 2002 that religious education promoting communal harmony is permissible, while religious instruction in the nature of mandatory worship is prohibited in state-recognized institutions under Article 28.
• Even though no one can challenge the constitutional validity of a statute against the violation of the Basic Structure of the Constitution (Indira Nehru Gandhi vs Raj Narain Case, 1975), in order to declare the legislation unconstitutional, statute should violate provisions of the Constitution regarding secularism.
• Striking down legislation for violating vague concepts like democracy, federalism, and secularism at the behest of courts creates unpredictability in constitutional adjudication.
• The Court also noted that the state government can pass legislation under the Act so that, without offending the principles of secularism, madrasas impart secular education along with the religious instructions.
• Appropriate directions should be given by the State in this regard so that the students studying in madrasas are not deprived of the quality of education which is made available by the State in other institutions.
• This move protected the Act and restated the entitlement of religious minorities to have educational institutions under Article 30 of the Indian Constitution .
• The instruction given to the court to make it possible that the madrasa students are availed of quality education also supports the integration of madrasa education into the overall plan of education of the state.

Uttar Pradesh Board of Madarsa Education Act, 2004

Purpose and Objectives

• The Act was introduced to regulate and oversee the operations of madrasas (Islamic educational institutions) within Uttar Pradesh.
• It established a structured framework for the establishment, recognition, curriculum, and administration of these madrasas across the state.
• The Uttar Pradesh Board of Madarsa Education was set up under this Act to supervise and monitor the activities of madrasas in Uttar Pradesh.

Concerns and Criticisms Regarding the Act

Constitutional Concerns

• The Allahabad High Court (HC) has declared the Act unconstitutional, asserting that it promotes education based on religious segregation.
• Such a provision contradicts the secular principles enshrined in the Indian Constitution and fundamental rights.

Quality of Education

• Criticisms were raised about the Act’s failure to guarantee compulsory education up to the age of 14 years, as stipulated by Article 21 A of the Constitution.
• Madrasas being excluded from the Right to Education (RTE) Act, 2009 raised concerns about potentially depriving students of universal and quality school education.

Curriculum Focus

• Examination of the madrasa syllabi revealed a heavy emphasis on Islamic studies, with modern subjects receiving limited attention.
• Students were obligated to study Islamic doctrines to progress, whereas modern subjects were either optional or offered minimally.

Compatibility with Higher Education Standards

• The Act was found to be in conflict with Section 22 of the University Grants Commission (UGC) Act, 1956, raising doubts about its alignment with higher education standards.

Court’s Verdict and Recommendations

• The Allahabad HC declared the Uttar Pradesh Board of Madarsa Education Act, 2004 unconstitutional due to its violations of secular principles and fundamental rights.
• The court directed the state government to accommodate madrasa students in recognized regular schools and expressed concerns about the limited focus on Islamic studies in the curriculum.
• This ruling underscored potential negative impacts on students’ access to quality education and spurred legal discussions about constitutional infringements.

-Source: Indian Express