On Tuesday, the Supreme Court upheld the constitutional validity of the Uttar Pradesh Board of Madarsa Education Act, 2004, but struck down its provisions allowing the Board to confer higher degrees, specifically Fazil and Kamil. The Court ruled that awarding these degrees was unlawful, as it conflicts with the University Grants Commission (UGC) Act of 1956.
A three-judge bench, led by Chief Justice DY Chandrachud, reversed the Allahabad High Court’s March 22 decision, which deemed the Act unconstitutional. The Chief Justice stated, “The Madrasa Act regulates the standard of education in Madrasas recognized by the Board, ensuring that students attain a level of competency that enables them to effectively participate in society and earn a living.“
He emphasized the need to interpret Article 21A of the Constitution and the Right to Education (RTE) Act in a way that harmonizes with the rights of religious and linguistic minorities to establish and manage educational institutions of their choice.
The bench, which included Justices J.B. Pardiwala and Manoj Misra, noted that while the Madrasa Act falls within the legislative powers of the state legislature, its provisions concerning higher education, including degrees like Fazil and Kamil, exceed this competence due to their conflict with Section 22 of the UGC Act. The UGC Act sets the standards for higher education, which state legislation cannot override.
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