Supreme Court upholds the validity of the Uttar Pradesh Madrasa Education Board Act

Supreme Court upholds the validity of the Uttar Pradesh Madrasa Education Board Act

New Delhi:The Allahabad HC in March struck down the Uttar Pradesh Madrasa Education Board Act, 2004 saying the law was unconstitutional for validating a system of education which was grossly in violation of the principles of secularism.

The National Commission for Protection of Child Rights (NCPCR) had followed up the High Court order by issuing a notification to send the children to secular and regular schools.

Against this, a petition was filed in the Supreme Court on behalf of madrasa schools and madrasa teachers.  While this petition was heard in the session headed by Chief Justice Chandrachud, the verdict was delivered today.

In the final hearing of the case, the Bench had observed that religious instruction, historically and culturally, had never been anathema in India. Article 23 of the Constitution recognised religious instruction.

The Supreme Court on Tuesday (November 5, 2024) upheld the validity of the Uttar Pradesh Madrasa Education Board Act of 2004 which regulates madrasa education.

There was nothing wrong in a State regulating an institution run by a religious or linguistic minority in the interest of maintaining the excellence of education,the Chief Justice had orally observed.

The high court erred in holding that the law was violative of the principle of secularism, said a bench comprising Chief Justice of India (CJI) D Y Chandrachud and Justices J B Pardiwala and Manoj Misra.

"We have upheld the validity of the UP madrassa law and moreover a statute can be struck down only if the State lacks the legislative competence," the CJI said while pronouncing the verdict.