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In a boost to madrasas, SC overturns HC ruling

Hindustan Times

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November 06, 2024

NEW DELHI: The Supreme Court on Tuesday overturned the Allahabad high court's March ruling that declared the 2004 Uttar Pradesh Board of Madarsa Education Act unconstitutional in a verdict that came as a big boost to the minority institutions, even as it underlined the critical role of State oversight in educational standards in recognised madrasas.

- Utkarsh Anand

A bench, led by Chief Justice of India (CJI) Dhananjaya Y Chandrachud, held that the 2004 Act is valid and essential to align madrasas with modern academic expectations while simultaneously safeguarding the religious rights of minority communities under Article 30 of the Constitution which empowers them to establish and administer educational institutions of their choice.

imageThe bench, also comprising justices JB Pardiwala and Manoj Misra, emphasised the delicate balance between maintaining quality education and respecting the autonomy of minority educational institutions. The Madarsa Act, it held, "furthers substantive equality for the minority community", noting that the Act "imposes a responsibility on the Madarsas to attain certain standards of education laid down by the Madarsa Board". Clarifying that the Act does not encroach upon the religious freedoms of minorities but instead promotes inclusive, high-quality education within madrasas, it asserted: "The State has an interest in ensuring that minority educational institutions provide standards of education similar to other educational institutions." The court added that regulatory measures serve to "promote efficiency and excellence of educational standards" within recognised madrasas. By upholding the 2004 Act, the Supreme Court verdict seeks to preserve madrasas as vital contributors to India's educational landscape, while also ensuring that madrasa students are not isolated from main stream academic and vocational opportunities. The judgment prevents an outright deregulation that could lead to academic disparities, enabling madrasas to coexist within the national educational framework under state supervision.

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