U.P. Madarsa Act Upheld Except Fazil and Kamil Provisions; Secularism Breach Must Be Traced to Express Provisions

The Madarsa Act established a Board to regulate, among other things, the standards of education, teacher qualifications and examinations in Madarsas in Uttar Pradesh (para 1). About 13,364 Madarsas teach over twelve lakh students in the State (para 6). In 2019 a single judge hearing a part-time teacher's petition referred questions on the Act's validity to a larger bench (para 25). On 22 March 2024 the High Court held the Act violative of secularism, Articles 14, 21 and 21-A and Section 22 of the UGC Act, struck it down in full and directed that students be moved to regular schools (paras 28-29). This Court stayed that judgment on 5 April 2024 (para 31).

Secularism is embodied in Part III, including the equality code of Articles 14 to 16 and Articles 25 to 30 (paras 38-46). Following the majority in Indira Nehru Gandhi and State of Karnataka, a statute can be struck down only for want of legislative competence or for breach of Part III or another express provision, not for violating the basic structure as such (paras 50-51, 55). The Act regulates the standard of education in recognised Madarsas, and that regulation is reasonable and does not interfere with their day-to-day administration (paras 65, 68-69). It is consistent with the State's positive obligation and furthers substantive equality for the minority community (paras 72-73). The Article 21-A objection failed because the RTE Act excludes minority institutions and Article 30 protects Madarsas imparting religious and secular education (para 79). Education that includes religious instruction remains within Entry 25, List III (paras 85, 90). Entry 25 is subject to Entry 66, List I, so the provisions on Fazil and Kamil degrees conflict with Section 22 of the UGC Act (para 99). Those provisions are severable, and the High Court erred in striking down the whole Act (paras 100, 103).