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SC upheld the constitutional validity of the UP Board of Madarsa Education Act, 2004

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In a major development, the Supreme Court has upheld the constitutional validity of the Uttar Pradesh Board of Madarsa Education Act of 2004, offering significant relief to approximately 17 lakh students enrolled in over 16,000 madrasas across the state. This ruling came after the Allahabad High Court had previously struck down the Act, declaring it unconstitutional and in violation of the principle of secularism. The Supreme Court’s decision was delivered by a three-judge bench, led by Chief Justice D.Y. Chandrachud, which overturned the High Court’s verdict.

What is the Uttar Pradesh Madarsa Education Act?

The Uttar Pradesh Board of Madarsa Education Act was enacted in 2004 by the state government to regulate and streamline the functioning of madrasas across the state. The Act provides a framework for the establishment, recognition, curriculum, and administration of madrasas, with an emphasis on ensuring that religious institutions offering Islamic education also provide secular subjects, including subjects prescribed by the National Council of Educational Research and Training (NCERT).

The Act led to the establishment of the Uttar Pradesh Board of Madarsa Education, an autonomous body largely composed of Muslim community members. This board is tasked with developing curriculum materials, conducting examinations, and overseeing the educational standards at madrasas. The Board issues educational certifications for various levels, ranging from “Maulvi” (equivalent to Class 10) to “Fazil” (equivalent to a Master’s degree).

The Legal Dispute

The legal challenge to the 2004 Act began when the Allahabad High Court struck down the law in March 2024, declaring it unconstitutional. The court argued that the Act violated the principle of secularism enshrined in the Indian Constitution and directed the state government to integrate madrasa students into the formal school system. In response, the Uttar Pradesh government filed an appeal, arguing that the Act was in line with the Constitution and that only specific provisions needed to be re-examined rather than the entire law being invalidated.

In April 2024, the Supreme Court stayed the High Court’s order and agreed to hear the case. The petitioners in the case included educational associations such as the Managers Association Madaris Arabiya (UP), All India Teachers Association Madaris Arabiya (New Delhi), and others, who challenged the decision and supported the continuation of the 2004 Act.

Employment of Teachers in Madrasas

In addition to its impact on students, the 2004 Act also affects teachers working in madrasas across Uttar Pradesh. As of earlier reports, around 21,000 teachers are employed in the state’s madrasas, educating nearly 10 lakh students in subjects such as Science, Mathematics, Social Studies, Hindi, and English. These teachers, who are crucial in integrating secular education alongside Islamic teachings, receive modest compensation. State government salaries for these teachers can range from 3,000 rupees ($36) a month, supplemented by federal government funds of up to 12,000 rupees.

The legal battle over the Uttar Pradesh Madarsa Education Act has been closely watched, as it holds significant implications not only for the education of students in madrasas but also for the larger debate on the role of religious education in India’s secular framework. With the Supreme Court’s ruling, madrasas in Uttar Pradesh are expected to continue operating under the framework set by the 2004 Act, ensuring both religious and secular education for thousands of students across the state.

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