Why in the News?

The Supreme Court upheld the constitutionality of the Uttar Pradesh Board of Madarsa Education Act, 2004 (Madarsa Act), except for the provisions related to higher education.

What were the grounds for the SCt’s decision to uphold the UP Madarsa Act?

• Applicability of Basic Structure Doctrine: The Supreme Court clarified that the basic structure doctrine, which is typically applied to constitutional amendments, does not apply to ordinary legislation like the Madarsa Act.
  • The court emphasized that a law can only be struck down for violating fundamental rights or legislative competence, not for infringing on the basic structure of the Constitution.
• State Regulation of Education: The court affirmed that states have the authority to regulate educational institutions, including madrasas, as long as such regulations are reasonable and do not infringe on minority rights.
• Right to Education: The Supreme Court referenced its previous rulings regarding minority institutions’ rights to provide religious education while managing their administration.
  • It concluded that the Madrasa Act does not violate the right to free and compulsory education under Article 21A, as it allows madrasas to offer religious instruction alongside secular education.

How does this ruling affect the regulation of madrasa education and its alignment with secular principles?

• Regulation of Madarsa Education: The ruling empowers the state to regulate madarsa education, ensuring that it meets certain standards without compromising its religious identity.
  • It ensures that madrasas can continue to provide Islamic education alongside secular subjects, but within a structured and monitored environment that does not undermine the state’s authority over educational standards.
• Alignment with Secularism: The SC’s judgment does not force madrasas to secularize completely. Instead, it recognizes the coexistence of religious and secular education within the institution’s framework, reflecting India’s constitutional commitment to religious freedom and secularism.
  • By upholding the law, the SC suggested that the government can promote secular education while respecting the rights of minority institutions to impart religious education.

Implications of Striking Down Higher Education Provisions:

• Conflict with the University Grants Commission (UGC) Act: The SC struck down provisions that allowed the Madarsa Board to grant higher education degrees (such as Kamil and Fazil), ruling that such powers conflicted with the UGC Act, which reserves the authority to grant degrees to universities recognized under central or state law.
  • This decision limits Madarsas’ ability to independently issue degrees for advanced religious education.
• Impact on Madarsa Students: Students seeking degrees like Kamil (bachelor’s equivalent) or Fazil (master’s equivalent) from Madarsas will no longer receive these credentials through the Madarsa Board.
  • This may affect the formal recognition of madrasa graduates, limiting their ability to pursue higher education or professional opportunities that require university-recognized degrees.
• Alignment with National Educational Standards: The SC’s decision brings madrasas in line with the UGC Act, ensuring that degree-awarding powers are centralized within recognized institutions. This promotes uniformity and compatibility with the broader national education system.

Way forward: 

• Collaborate with Recognized Universities: Madarsas can partner with recognized universities to offer degrees for advanced religious studies, ensuring compliance with the UGC Act while retaining the essence of religious education.
• Integrate Secular and Religious Education Standards: To enhance educational outcomes, the government could provide support for curriculum development in madrasas, balancing religious teachings with secular subjects in alignment with national educational standards.

Mains PYQ:

Q The Right of Children to Free and Compulsory Education Act, 2009 remains inadequate in promoting an incentive-based system for children’s education without generating awareness about the importance of schooling. Analyse. (UPSC IAS/2022)

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