UP Madrasa Act: Supreme Court upheld the Act, rejected the order of High Court
#News Bureau November 5,2024
The Supreme Court upheld the UP Madrasa Act on Tuesday, November 5. A three-judge bench of the Supreme Court headed by Chief Justice of India DY Chandrachud on Tuesday upheld the constitutional validity of the Uttar Pradesh Board of Madrasa Education Act, 2004. This act was quashed by the Allahabad High Court. Which was challenged in the Supreme Court.
In March, the Allahabad High Court had quashed the Uttar Pradesh Madrasa Education Board Act, 2004, saying that it violates the principles of secularism. But in April, the Supreme Court stayed the Allahabad High Court’s decision till a decision on it was taken.
After the Allahabad High Court verdict, the UP government issued several orders against madrasas. Arbitrary investigations of all madrasas were initiated. Although modern education was being imparted in all these madrasas, the government issued its order and also propagated that modern education was not being imparted in madrasas. However, students of madrasas study history, geography, science, maths etc. through Urdu or Arabic and the children here also receive religious education along with it.
“The Madrasa Act provides the legal framework for madrasa education, where apart from the curriculum of the National Council of Educational Research and Training (NCERT), religious education is also imparted. States across the country have almost implemented the UP Madrasa Act.
Under this law, the Uttar Pradesh Madrasa Education Board has been formed, which mainly comprises members of the Muslim community. The functions of the board are detailed under Section 9 of the Act, and include preparing and prescribing course material and conducting examinations for all courses from ‘Maulavi’ (equivalent to class 10) to ‘Fazil’ (equivalent to Masters). That is, the degree of Fazil is called Masters. While the certificate of Maulvi is equivalent to class 10.
The UP government also changed its stand after the matter came to the Supreme Court. Clarifying its stand, the Uttar Pradesh government had told the Supreme Court bench that it believed the law was constitutional. The Act did not need to be completely repealed and only the objectionable provisions should be examined. However, when the Allahabad High Court repealed the Act, BJP leaders had welcomed it with great enthusiasm.
Delivering the judgment, the CJI also said, “The State also has a vital interest in ensuring standards in places of religious education. Interpret it however you like. But throwing out the Act is like throwing the baby out with the bathwater.”
The Supreme Court also said that some provisions of the 2004 Act, which empower the board to award degrees like Kamil, Fazil etc., do not conflict with the provisions of the University Grants Commission Act, 1956. Where UGC rules and regulations are applicable only within universities. Not in madrasas. Both are different institutions.
