In a big relief to Madrassas in Uttar Pradesh, the Supreme Court on Tuesday upheld the constitutional validity of the 2004 Uttar Pradesh Board of Madrassa Education Law, and set aside an Allahabad High Court verdict quashing it on the ground that it was violative of the principle of secularism. However, the Bench of Chief Justice of India (CJI) DY Chandrachud with Justices JB Pardiwala and Manoj Misra set aside provisions of the Act which empowers the Madarsa Board to prescribe course of instructions and text books for higher education - ‘kamil’ (postgraduate course) and ‘fazil’ (junior research programme). The SC held that these particular provisions are in violation of the University Grants Commission Act (UGC Act).

The Bench said that the High Court erred in holding that the law was violative of the principle of secularism. “We have upheld the validity of the UP madrassa law and moreover a statute can be struck down only if the State lacks the legislative competence,” CJI Chandrachud said while pronouncing the verdict.

The order came as a big relief to teachers and students of UP Madrassas as the High Court had ordered closure of the seminaries and relocation of students to other schools in the state. On March 22, the High Court declared the Act as “unconstitutional” and violative of the principle of secularism, and asked the State Government to accommodate madrassa students in the formal schooling system. In a breather for about 17 lakh Madrassa students, the SC stayed the HC order on April 5.

The three Judge Bench of the SC said the legislative scheme of the law was to standardise the level of education being prescribed in Madrassas. The bench heard a battery of lawyers including senior advocates Abhishek Manu Singhvi, P Chidambaram, Mukul Rohatgi, representing petitioners against the HC verdict.

The SC said that a law can be struck down for violation of fundamental rights under part III of the Constitution or on grounds of legislative competence but not for violation of basic structure. “Statute can be struck down only for violation of part III or legislative competence and not for violating basic structure.

The High Court erred in holding that statute had to be struck down for violating basic structure,” said the SC verdict, adding that the object of the Act is to protect the rights of minorities which is in tune with the State’s positive obligation.

“The legislative scheme for the Act is to standardise the level of education being prescribed in the madrasas. The Madarsa Act does not interfere with the day to day working of the madrasas. It is to protect the rights of minorities in the State of Uttar Pradesh and is consistent with positive obligation of the State which ensures the students to pass out and earn a decent living,” the SC held.

The Uttar Pradesh Board of Madarsa Education Act, 2004 had defined Madarsa education as including education in Arabic, Urdu, Persian, Islamic-studies, philosophy and other branches of learning as may be specified by the Uttar Pradesh Board of Madarsa Education. The stated object of the 2004 Act was to empower the Madrasa Education Board by overseeing the functioning of Madrasas. The Act was challenged on the ground that it goes against the principle of secularism. It was also argued that it fails to provide quality compulsory education up to the age of 14 years/Class-VIII, as is mandatorily required to be provided under Article 21A of the Constitution of India.