Supreme Court To Pronounce Judgment Tomorrow On Validity Of UP Madarsa Education Act

The Supreme Court will tomorrow pronounce its decision on the challenge to Allahabad High Court's judgement which held the 'Uttar Pradesh Board of Madarsa Education Act 2004' to be constitutionally invalid. 

A bench comprising Chief Justice of India DY Chandracuhd, Justice JB Pardiwala and Manoj Misra heard the challenge to Allahabad High Court's March 22 judgment striking down the 'Uttar Pradesh Board of Madarsa Education Act 2004' as unconstitutional.

The petitions were filed by Anjum Kadari, Managers Association Madaris Arabiya(UP), All India Teachers Association Madaris Arabiya (New Delhi), Manager Association Arbi Madarsa Nai Bazar and Teachers Association Madaris Arabiya Kanpur.

During the two-day long hearing, the petitioners had mainly contended that the High Court had wrongly understood the UP Madarsa Act to be having the purpose of imparting religious instructions rather than seeing the actual purpose- which is providing a scheme of regulations for the education of the Muslim children.

Whereas the intervenors opposing the Act as well as the National Commission for Protection of Children's Rights (NCPCR) stressed that Madarsa education negated the promise of quality education guaranteed under Article 21A of the Constitution. While one has the freedom to take religious instruction, it cannot be accepted as a substitute for mainstream education.

In April, the Supreme Court had stayed the High Court's judgment, prima facie observing that the High Court misconstrued the Act.

What Was The High Court Decision? 

While declaring the law as Ultra Vires, the Division comprising Justice Vivek Chaudhary and Justice Subhash Vidyarthi also directed the Uttar Pradesh Government to frame a scheme so that the students presently studying in Madrasas can be accommodated in the formal education system.

This ruling comes months after the state government decided to survey the Islamic education institutions in the State and it had also formed an SIT in October 2023 to probe madrassas' funds from abroad.

The High Court's rulings have come in a writ petition filed by one Anshuman Singh Rathore challenging the vires of the UP Madarsa Board as well as objecting to the management of Madarsa by the Minority Welfare Department, both by Union of India and State Government and other connected issues.

Reports of the previous hearings can be found here : 

UP Madarsa Education Act | 'Law Regulating Institution Of A Community Not Per Se Against Secularism', Says Supreme Court During Hearing 

Striking Down Madarsa Act Like Throwing Baby With Baby Water; Let's Preserve India As Melting Pot Of Religions' : Supreme Court Reserves Judgment 

Why Are You Only Concerned With Madarsas? Have You Equally Treated Institutions Of Other Religions? Supreme Court Asks NCPCR 

Case details : Anjum Kadari and another v. Union of India and others Diary No. 14432-2024, Managers Association Madaris Arabiya UP v. Union of India SLP(C) No. 7821/2024 and connected matters.