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SC’s Stance on the Uttar Pradesh Madrasa Education Act
Context
The Supreme Court of India addressed the constitutional validity of the Uttar Pradesh Board of Madrasa Education Act, 2004, which regulates madrasas in the state. The Allahabad High Court had previously declared this Act unconstitutional, asserting that it violated the principles of secularism, affecting approximately 17 lakh students enrolled in around 16,000 madrasas.
Background of the Case
- The Uttar Pradesh Madrasa Education Act, 2004 was designed to regulate the functioning of madrasas, ensuring quality education and governance within these institutions.
- Controversy: The Allahabad High Court’s decision to strike down the Act stemmed from the assertion that it infringed upon the secular fabric of the state by imposing regulations on minority-run educational institutions.
- High Court's Judgment: The Allahabad High Court ruled that the law violated:
- Secularism: As enshrined in the Constitution.
- Article 28: Prohibiting religious instruction in state-funded educational institutions.
- The court ordered the transfer of madrasa students to regular schools, raising concerns about the educational rights of minority communities.
Supreme Court Observations
- The laws regulating institutions run by religious or linguistic minorities cannot inherently be deemed as violations of secularism. The mere fact of regulation does not breach the secular principle.
- Such regulations are commonplace and necessary for the better administration of educational entities.
- State's Role in Education: It is within a state’s interests to legislate for the improvement of minority-run institutions.
- Article 30 of the Constitution does provide for a community to promote its religious education; only if the institution receives state funds such religious instructions or education cannot be done under Article 28.
- However, Article 28(2) also carves an exception to that by providing that such a prohibition does not apply to an educational institution which is administered by the State but has been established under any endowment or trust which requires that religious instruction shall be imparted in such institution.
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