The Supreme Court has upheld the ‘Uttar Pradesh Madrasa Education Board Act-2004,’ which regulates madrasa education and, consequently, allows 16,000 madrasas to continue operating in Uttar Pradesh. Previously, the Allahabad High Court had struck down this Act and directed the state government to enroll students in other schools. However, today, the Supreme Court rejected that High Court order.
A three-member bench, including Chief Justice D. Y. Chandrachud, Justice JB Pardiwala, and Justice Manoj Mishra, heard the case and subsequently delivered a significant verdict. The bench pointed out that the High Court’s decision was flawed and confirmed that it did not violate the principle of secularism.
High Court Declares Madrasas Unconstitutional
On October 22, the Supreme Court reserved judgment on eight petitions, including the main petition filed by Anjum Qadri against the High Court’s ruling. Notably, on March 22, the Allahabad High Court had declared the ‘Uttar Pradesh Madrasa Education Board Act-2004’ unconstitutional, claiming it violated the principle of secularism.
Government Controls Madrasas for Quality Education
In addition, the Supreme Court emphasized that both the Madrasa Board and the State Government hold the authority to oversee madrasas. Thus, state governments can regulate madrasa activities to ensure students receive quality education. Ultimately, the government’s interest in regulating madrasas is essential for improving educational standards.
Supreme Court Rules on ‘Fazil-Kamil’ Degrees
Furthermore, the Supreme Court ruled that the Madrasa Board’s Fazil and Kamil degrees are unconstitutional, stating that the right to confer these degrees lies solely with the UGC. Currently, madrasas in UP offer degrees up to high school and classes 11 and 12, along with Fazil and Kamil degrees. The Madrasa Board sought UGC recognition for these courses; however, the UGC has not yet approved them. As a result, the Madrasa Board petitioned the Supreme Court for recognition of the Fazil and Kamil degrees. Ultimately, the Supreme Court dismissed this petition, affirming that this authority belongs to the UGC.