UP Madrasa bill to remain unchanged
The Supreme Court’s ruling on the UP Madrassa Education Act, 2004 has brought relief to madrassas. In its ruling, the Supreme Court set aside the High Court decision declaring madrassas unconstitutional. More than 16,000 madrassas in Uttar Pradesh will benefit from this court ruling.
The decision was taken by a three-judge bench chaired by Chief Justice DY Chandrachud. In this judgment, the Allahabad High Court judgment regarding UP madrassas was overturned. The Court also commented that no law can be struck down solely on the ground that it violates the basic structure of the Constitution. This can only be done if it violates fundamental rights or if there is no constitutional right under a law made by the government.
What is UP Madrasa Education Act 2004
UP’s Madrassa Education Bill was enacted in 2004 by the then Mulayam Singh government. It is said that all religious schools must comply with government regulations. Following this decision, over 16,000 registered madrassas in UP came under direct government jurisdiction. A further 8,000 unregistered religious schools are excluded from the bill. There are 560 religious schools across the state, which are run with government funds.
What was the Allahabad High Court order?
The Lucknow bench of the Allahabad High Court declared the UP Madrasa Education Act, 2004, unconstitutional while hearing a petition on March 22 this year. In fact, this law was passed when Mulayam Singh Yadav was chief minister. In its judgment, the high court said the state government has no power to set up a separate religious education board for any particular religion. The court also questioned the quality of education in religious schools. The court also ordered the state government to admit children studying in madrassas to other schools and increase seats if necessary.
The petitioner raised this argument in the Supreme Court
The petitioners approaching the Supreme Court against the Lucknow bench ruling of the Allahabad High Court argued that the madrasas have been functioning since 1908. Among them, 10,000 teachers are teaching. If these are abolished, how will students receive religious education? The petition also states that madrassas operate only on government orders. Government syllabus is also being implemented.
What decision did the Supreme Court make?
Overturning the High Court ruling, the Supreme Court said madrasa boards and state governments have the power to determine education standards. The Supreme Court said the government can regulate religious schools to achieve quality education. The legislative project of the Act is to regulate the educational standards prescribed in religious schools. The Madrasa Act does not interfere with the day-to-day functioning of madrassas and is intended to protect the rights of minorities in Uttar Pradesh and is in line with the positive obligations of the state. The Supreme Court said that state governments can frame rules regarding madrasa education, but no student can be forced to undergo religious education. The court also said that the Madrasa Board cannot award high-level degrees like Fazil, Kamil, which is a violation of the UGC Act.
