SC Upholds UP Madrassa Law, Overturns HC Ruling

New Delhi: In a major relief to madrassas in Uttar Pradesh, the Supreme Court on Tuesday upheld the constitutional validity of the 2004 state law regulating the Muslim minority educational institutions and said a statute cannot be struck down on the ground of secularism.

The significant ruling, which overturned an Allahabad High Court decision, would benefit over 17 lakh students studying in over 16,000 madrassas recognised by the Uttar Pradesh Board of Madrassa education under the state law.

The high court had asked for the closure of such institutions and directed the state government to accommodate students in a formal schooling system. The top court said a statute could be declared ultra vires on two grounds -- being beyond the ambit of the legislative competence or violating fundamental rights or any other Constitutional provision.

A bench comprising Chief Justice of India D Y Chandrachud and Justices J B Pardiwala and Manoj Misra therefore set aside the high court verdict quashing the 2004 law on the ground that it was violative of the principle of secularism.

"The madrassa Act (Uttar Pradesh Board of Madarsa Education Act, 2004) is within the legislative competence of the state legislature and traceable to Entry 25 of List III (of the constitution)," held the bench.

The top court, however, noted the 2004 law to the extent that it sought to regulate higher education, including the "degrees" of "Fazil" and "Kamil" (bachelor and postgraduate level degrees given by madrassas), was beyond the legislative competence of the state legislature as it conflicted provisions of the University Grant Commission (UGC) Act and was therefore unconstitutional.

"The UGC Act governs the standards for higher education and a state legislation cannot seek to regulate higher education, in contravention of the provisions of the UGC Act," it said. The apex court noted that the high court had fallen into error and ended up "throwing the baby out with the bathwater" by striking down the entire madrassa law on the ground that conferment of such degrees have been held to be unconstitutional due to lack of legislative competence.