Explained: UP Board of Madarsa Education Act and why the Allahabad HC found it unconstitutional

Today, on April 5, the Supreme Court issued a temporary stay on the decision of the Allahabad High Court (HC), which had invalidated the Uttar Pradesh Board of Madarsa Education Act, 2004, labeling it as ‘unconstitutional’. Last month, the Allahabad High Court had directed the UP government to integrate the existing students of the Madarsa board into the mainstream education system under government or private institutions.However, the Supreme Court, in imposing the stay, has put a pause on this process of transfer.

Uttar Pradesh Board of Madarsa Education Act: What is it all about?

Enacted in 2004, the Uttar Pradesh Board of Madarsa Education Act was designed to streamline madrassa education, defining it as education in Arabic, Urdu, Persian, Islamic studies, Tibb (traditional medicine), philosophy and other specified branches. Uttar Pradesh is home to approximately 25,000 madrassas, out of which 16,500 are officially recognized by the Uttar Pradesh Madrassa Education Board. Among these recognized institutions, 560 receive financial support from the government. Additionally, there are 8,500 unrecognized madrassas operating in the state.
The Madarsa Education Board awards undergraduate and postgraduate degrees known as Kamil and Fazil respectively. Diplomas issued by the board are referred to as Qari, and it also grants certificates and other academic honors. The board is responsible for conducting examinations for courses such as Munshi and Maulvi (Class X) and Alim (Class XII). The Madarsa Education Board is responsible for specifying the curriculum, textbooks, reference books, and any other teaching materials required for courses such as Tahtania, Fauquania, Munshi, Maulvi, Alim, Kamil, and Fazil.

Why did the Allahabad HC deem it unconstitutional?

The Allahabad HC had invalidated the Uttar Pradesh Board of Madarsa Education Act, 2004, declaring it “unconstitutional” and in conflict with the principle of secularism. The HC observed that the Madarsa Act contravenes the fundamental tenets of secularism, a core element of the Constitution, as argued by a petitioner and his counsel. They submitted that the Act does not ensure the provision of high-quality compulsory education up to the age of 14 years or Class VIII, as mandated by Article 21-A. Furthermore, it does not guarantee universal and high-quality school education for all children enrolled in madrassas. Additionally, the Allahabad High Court recognized the petitioner’s argument that the Board’s power to grant degrees infringes upon the jurisdiction of the University Grants Commission (UGC).