Validity of Uttar Pradesh Board of Madarsa
A trending news that “SC Upholds the Validity of UP Madarsa Education Act”… Are you aware of the full facts? No worry! Here are the details.
A three-judge bench of the Supreme Court, presided over by Chief Justice of India D Y Chandrachud on Tuesday (November 5, 2024) upheld the constitutional validity of the Uttar Pradesh Board of Madarsa Education Act, 2004 and set aside the Allahabad High Court’s Judgment which had struck it down earlier cited that the Act violated the basic structure principle of secularism, Article 14, Article 21 and Article 21-A of the constitution and violative of Section 22 of University Grant Commission Act, 1956. In April, the Apex Court stayed the HC verdict stating that though the state has a legitimate interest in enduring quality education for students to enable them to earn a degree, the HC was prima facie wrong in striking down the legislation, which was only regulatory in nature.
The SC upheld the Act’s validity holding that it is consistent with the positive obligation of the state to ensure that students studying in recognized Madarsas attain a level of competency which will allow then to effectively participate in society and earn a living. The court further held that Article 21A of the Constitution and the Right to Education Act, 2009 must be read consistently with the right of religious and linguistic minorities to establish and administer educational institutions of their choice.
Ground to make the law ultra vires
As we know that the Allahabad High Court struck down the validity of the UP Madarsa Act. However, SC held the validity of UP Madarsa Education Act.
The court stated that a statute can be declared ultra vires on two grounds alone – (i) it is beyond the ambit of the legislative competence of the legislature or (ii) it violates Part III or any other provision of the Constitution.
The SC further stated, “however, the right to administer minority educational institutions implies an obligation and duty of minority institutions to provide a standard of education to the students. The right to administer it, it is trite law, not the right to maladminister”. The further noted that the Madarsa Act allows the Board to prescribe curriculum and textbooks, conduct examinations, qualifications of teachers, and standards of equipment and building geared to ensure the maintenance of standards of education in Madarsas.
The Board of Madarsa Education (Board) with the approval of the State Government can enact regulations impart secular education of a requisite standard without destroying their minority character. Furthermore, Madarsa Act is within the legislative competence of the State Legislature and traceable to Entry 25 of list III.
Further, the SC also stated that the provisions of the Madarsa Act which seek to regulate higher-education degrees, such as Fazil and Kamil are unconstitutional. Because these degrees are in conflict with the University Grant Commission (UGC) Act, which has been enacted under Entry 66 of List I of the constitution.
About the UP Madarsa Act, 2004
As we have gone through the fact that SC Upholds the Validity of UP Madarsa Education Act. Let’s check what actually the UP Madarsa Act is?
The act provides the legal framework for madarsa education where, apart from the curriculum of the National Council of Educational Research and Training (NCERT), religious education is imparted as well.
It created the Board of Madarsa Education predominantly comprising members of the Muslim Community. The functions of the board detailed under section 9 of the Act and include preparing and prescribing course material and conducting exams for all courses from ‘Maulvi’ (equivalent to Class 10) to ‘Fazil’ (equivalent to a Master’s Degree).
Section 9 of Madarsa Act deals with Functions of the Board which are Wise-ranging and relate to inter alia prescribing the course material, granting degrees or diplomas, conducting examinations, recognizing institutions to conduct exams, conducting research and training, and other incidental functions. These functions are exercised at various levels of education.
Conclusion of the Judgment
The SC held that the entire Madarsa Act need not be struck down. The court adequately addressed the question of severability that the Allahabad HC fell into error and ended up “Throwing the baby out with the bathwater”. The entire statute does not need to be struck down each time that certain provisions of the statute are held to not meet constitutional muster. Thus, the statute is only void to the extent that it contravenes the constitution. Apart from this, the UP Madarsas will not impart higher education degrees such as Fazil and Kamil as this is the violation of UGC Act. Also, the rules and regulation of the Madarsas shall be decided by the government.
