A three bench Chief Justice of India upheld the constitutional validity of the Uttar Pradesh Madrasa Education Board Act, 2004 with exceptions regarding higher education provisions.

Key Highlights of the Judgement

• Validation with Limitations : The Act was upheld for primary and secondary madrasa education but declared unconstitutional for higher education provisions at Fazil (undergraduate) and Kamil (postgraduate) levels.
• Conflict with UGC Act: These levels intrude on Entry 66 of the Union List, which exclusively grants the Central Government control over higher education standards.
• UP Madarsa Act, 2004 : It was introduced to regulate madarsa education in UP, covering subjects like Islamic studies, Tibb, and Urdu.
  • It established the UP Board of Madarsa Education, which oversees curricula, exams, and degrees Kamil and Fazil.
• Allahabad High Court Ruling: It Quashed the UP Madarsa Act, citing violations of Articles 14, 15, and 21-A, and a lack of secular education.
  • The High court ordered the integration of madarsa students into regular UP schools.
• Response to Allahabad High Court’s Secularism Argument: The Court clarified that constitutional validity cannot be challenged solely on grounds of Basic Structure violations.
  • For a law to be invalidated, it must clearly violate constitutional provisions related to secularism.

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State’s Right to Regulate Education

• The State can regulate madrasa education to ensure competency standards for students, allowing them to participate in society effectively.
• The Act allows the Madrasa Board to set curricula, teacher qualifications, and infrastructure standards without interfering in daily administration.

Minority Rights under Article 30

• Article 30 provides minorities with the right to establish and manage educational institutions, but this right is not absolute.
• The State can impose regulations to ensure educational standards while balancing minority rights.

Interpretation of Education under Entry 25

• The term “education” in Entry 25 of the Concurrent List has a broad meaning, covering institutions that offer both secular and religious education.
• Recognised madrasas primarily aim to educate, and thus fall under Entry 25’s scope.

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Secular Standards as per different Constitutional Provisions

• Article 21A (right to education) aligns with minority rights to administer educational institutions.
• Secular Standards: The Madrasa Board can set secular education standards without affecting the institution’s minority status.
• Religious Instruction (Article 28(3)): Article 28(3) protects students in minority institutions from being forced into religious instruction or worship if the institution is state-recognised or publicly funded.