UP Madarsa Education Act Promotes Substantive Equality Of Minority Community : Supreme Court

While upholding the constitutional validity of the Uttar Pradesh Board of Madarsa Education Act, 2004 - except to the extent it regulated higher education degrees- the Supreme Court observed that the Act promoted the substantive equality of the minority community.

A bench comprising Chief Justice of India DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra set aside the judgement of the Allahabad High Court which had struck down the Act as unconstitutional.

The Supreme Court observed that the Act was a regulatory statute which ensured that the recognised Madarsas complied with certain minimum standards of education.

"The Madarsa Act secures the interests of the minority community in Uttar Pradesh because: (i) it regulates the standard of education imparted by the recognised Madarsas; and (ii) it conducts examinations and confers certificates to students, allowing them the opportunity to pursue higher education. The Madarsa Act is consistent with the positive obligation of the State to ensure that students studying in the recognised Madarsas attain a minimum level of competency which will allow them to effectively participate in society and earn a living. Therefore, the Madarsa Act furthers substantive equality for the minority community," CJI DY Chandrachud wrote in the judgment.

"The High Court erred in holding that a statute is bound to be struck down if it is violative of the basic structure. Invalidation of a statute on the grounds of violation of secularism has to be traced to express provisions of the Constitution. Further, the fact that the State legislature has established a Board to recognise and regulate Madarsa education is not violative of Article 14. The Madarsa Act furthers substantive equality," the judgment added.

Positive secularism allows State to treat some persons differently to treat all persons equally

The Court invoked the concept of "positive secularism" in its judgment as :

"The positive concept of secularism requires the State to take active steps to treat minority institutions on par with secular institutions while allowing them to retain their minority character. Positive secularism allows the State to treat some persons differently to treat all persons equally.94 The concept of positive secularism finds consonance in the principle of substantive equality."

Substantive equality, as opposed to formal equality, is directed at eliminating individual, institutional and systemic discrimination against disadvantaged groups which effectively undermines their full and equal social, economic, political, and cultural participation in society, explained the Court.Enactment of special provisions or giving preferential treatment by the State allows the disadvantaged individual or community to overcome social and economic barriers and participate in society on equal term.

Other reports about the judgment can be read here.

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.