Victor Growth

Ernakulam,Kerala​

UPSC Prelims 2024 Course | KAS 2023 Prelims Course | Online Live Class | Exclusive UPSC Current Affairs Class |Prelims Test Series with more than 5000 MCQ

  1. Supreme Court Ruling: The Supreme Court upheld the Madarsa Act as constitutional, reversing an earlier ruling by the Allahabad High Court that had deemed it unconstitutional due to concerns about secularism.
  2. Purpose of the Madarsa Act:
    • The Act establishes a legal framework for madrasas in Uttar Pradesh to provide both religious and secular education.
    • Madrasas are allowed to teach the NCERT curriculum along with religious studies.
  3. Issue with Advanced Degrees:
    • The Act initially allowed madrasas to grant advanced religious degrees, like Fazil and Kamil.
    • The Supreme Court found this provision unconstitutional as it conflicts with the University Grants Commission (UGC) Act of 1956, which regulates higher education standards.
    • According to the Court, only bodies recognized under the UGC Act can award such degrees.
  4. Balance Between Secularism and Religious Education:
    • The Supreme Court explained that regulating madrasas does not conflict with secularism.
    • The government has the right to ensure that educational institutions maintain a standard level of education, even in religious institutions, for the benefit of students.
  5. Role of the State in Minority Education:
    • The Constitution grants religious and linguistic minorities the right to establish and manage their educational institutions, including madrasas.
    • However, the state has the authority to regulate aspects of education—such as teaching standards, qualifications of teachers, and health conditions—to maintain quality.
  6. Right to Education (RTE) Act and Article 21A:
    • The Supreme Court stated that the Madarsa Act aligns with the Right to Education Act and Article 21A, which mandates the state to provide free and compulsory education to children.
    • The RTE Act does not apply to minority educational institutions like madrasas, respecting their autonomy.
  7. Provisions on Religious Education:
    • Article 28(3) of the Constitution allows religious education in institutions recognized by or receiving aid from the state, provided students aren’t forced to participate without consent.
    • Madrasas can continue to offer religious instruction, but students are not compelled to attend these classes if they do not wish to.
  8. Concurrent List and State Power:
    • Education falls under the “Concurrent List,” meaning both the state and central governments have the authority to make laws on it.
    • The Court noted that religious elements within education do not disqualify the state’s authority to regulate educational standards in madrasas.
  9. Overall Objective of the Act:
    • The Supreme Court highlighted that the Madarsa Act’s primary aim is to improve the quality of education in madrasas, helping students gain competencies that enable them to succeed in society.
    • The Act supports the interests of the minority community by providing students the opportunity to pursue higher education and employment.
  10. High Court’s Error:
  • The Supreme Court held that the Allahabad High Court made an error in striking down the Act on grounds of secularism.
  • A law can only be struck down if it directly violates a specific part of the Constitution, and the Madarsa Act did not violate any explicit provision related to secularism.

In summary, the Supreme Court’s verdict allows the Madarsa Act to stay in place, providing a way for madrasas to deliver both religious and secular education, as long as they follow certain state regulations. The decision strikes a balance between the right of minorities to manage their own educational institutions and the state’s duty to maintain educational standards.

Leave a Reply

Your email address will not be published. Required fields are marked *