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Source: This post on Supreme Court Ruling on Uttar Pradesh Madrasa Education Board Act has been created based on the article “Supreme Court upholds validity of Uttar Pradesh Madrasa Education Board Act” published in The Hindu on 6th November 2024.
Why in news?
Recently, the Supreme Court partially upheld the Act, maintaining that the State can regulate madrasas to ensure educational standards but found certain provisions unconstitutional.
In March, the Allahabad High Court declared the Uttar Pradesh Madrasa Education Board Act, 2004, unconstitutional, stating it conflicted with secular principles.
Key Findings by the Supreme Court
1. Support for Religious Education: The Court acknowledged that religious education is part of India’s historical and cultural fabric, as recognized by Article 23 of the Constitution.
2. State Regulation: The Act was upheld as a measure to maintain minimum educational standards, ensuring madrasa students are adequately equipped to participate in society and secure employment.
3. Higher Education Provisions: Provisions related to Fazil (undergraduate) and Kamil (postgraduate) levels were struck down as unconstitutional, as they conflicted with the University Grants Commission Act, which governs higher education standards under Union jurisdiction.
4. Balance of Interests
i) Right of Minorities: Minorities are entitled to establish and manage educational institutions (Article 30), but this right is not absolute and is subject to certain conditions to maintain educational standards.
ii) State’s Interest in Education: The State can regulate educational standards in minority institutions, especially those seeking recognition or financial aid, balancing minority rights with educational quality.
5. Clarifications on Secularism
i) The Supreme Court disagreed with the Allahabad High Court’s view that the Act breached secularism principles in the Basic Structure.
ii) Requirements for a Secularism Challenge: Court held that a law must explicitly violate a secularism-related constitutional provision to be considered unconstitutional, not merely contradict secularism principles broadly.
6. Student Rights and Religious Instruction: Considering Article 28(3) students in State-recognized or aided institutions cannot be forced to participate in religious instruction or worship, ensuring freedom of choice in religious education settings.
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