SC upholds Uttar Pradesh Board of Madrasa Education Act, sets aside Allahabad HC ruling
- office info
- Nov 5, 2024
- 2 min read
A landmark judgement was passed by a bench of Chief Justice of India DY Chandrachud, Justice Misra and Justice Pardiwala which upheld the constitutional validity of Uttar Pradesh Board of Madrasa Education Act, 2004. This act aims to regulate the standards of education, qualifications for teachers and conduct of examinations in Madrasas in the state of Uttar Pradesh. The Supreme Court has set aside the Allahabad High Court judgement which struck down the act for violating the basic principles of secularism which is a integral part of the basic structure of the constitution of India.
Background (HC Judgement) -
The Allahabad High Court had declared the act unconstitutional. It held that though the state has right and power to frames laws on education in its state but it has be to done in a secular manner i.e the state cannot create a board for religious education or establish Board for school education only for one particular religion and philosophy associated with it. It also held that education provided by the madrasas is not the regular education and is not universal in nature. Lastly, it held that the act’s provisions is regulating the UG/PG courses taught under by the madrasas which are a domain of the central government and not the state government.
Verdict by the Supreme Court –
Supreme Court held that a statute in force can be struck down for violation of fundamental rights or grounds for legislative competence but not for violation of the basic structure. Furthermore, it held that the object of the act is to standardise level of education being given in madrasas. It also held that the act does not violate article 21A (right to free and compulsory education) since it is merely regulating the manner of imparting education and is very much within the state’s legislative competence. Lastly, the court struck down those provisions which regulate PG (kamil) or UG(Fazli) courses since it is the domain of the University Grants Commission.
This ruling has set ground for various cases by clarifying that striking down of statutes cannot be done for violation of the basic structure of the constitution.
Comments