New Delhi: The Supreme Court of India Tuesday Nov 5, 2024 set aside the Allahabad High Court verdict calling the Uttar Pradesh Madarsa Board unconstitutional.

In a ruling on March 22, 2024, the the Allahabad High Court had declared the Uttar Pradesh Board of Madarsa Education Act, 2004, 'unconstitutional'.

The Supreme Court of India however in its latest judgement has set aside the Allahabad High Court order.

A Bench of Chief Justice of India (CJI) DY Chandrachud with Justices JB Pardiwala and Manoj Misra 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 struck down for violating basic structure," the Supreme Court said.

It also held 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 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 minority 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 Court held.

However, the Court 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 Court held that the same would be in violation of the University Grants Commission Act (UGC Act).

"Victory for Justice"

Jamiat Ulama-i-Hind has hailed the SC order, calling it a "victory for justice" and a "much-needed light at the end of the tunnel" for the Indian Muslim community.

Jamia President Maulana Mahmood Madani commenting on the SC ruling said that this goes beyond addressing the technical status of the Madrasa Board.

"The ruling serves as a critical response to ongoing "negative campaigns" against madrasas by certain communal forces", he said.

According to a rough estimate, Uttar Pradesh has about 25,000 Madaris spread across its length and breadth. Around 16,500 of them are registered with the UP Madrasa Board.

Reliance on Madrasa education is often blamed for the backwardness of the community. But the truth is that many Muslim children go to Madaris out of compulsion. If it were not for these Madaris run by religious charities, these children would never get any 'education'.

Same applies to non-Muslim students. As India, including Uttar Pradesh, fails to provide schools to children living in remote areas, they have no option but to get themselves enrolled in these Madaris.

Interestingly, a number of Hindus after graduating from Madaris are also working in Saudi Arabia and other Gulf countries on lucrative posts.

Unlike the popular myth, the Madaris are not providing religious education alone. In fact, the Uttar Pradesh cabinet headed by Yogi Adityanath had in 2008 accepted State Madrasa Board's proposal to teach English and Hindi languages besides Urdu in the Islamic institutions.

The cabinet also approved the proposal of following NCERT syllabus and books in the Madaris.