SC upholds UP Madrasa Act; CJI-led bench reverses HC ruling

The Supreme Court has upheld the constitutionality of the UP Madrasa Act, overturning the Allahabad High Court’s earlier ruling. Chief Justice DY Chandrachud led the bench that declared the act valid, except for provisions on higher education, which were found unconstitutional as they conflict with the UGC Act.

This decision follows a petition by madrasa manager Anjum Qadri and others challenging the Allahabad High Court’s March ruling. The High Court had previously deemed the UP Madrasa Act unconstitutional, arguing it conflicted with secular principles. The petitioners argued that this decision jeopardized the education of thousands of madrasa students. As a result, the Supreme Court stayed the High Court’s order in April, noting that the ruling would disrupt the futures of 1.7 million madrasa students across the state.

The UP government argued against a total repeal of the act, suggesting instead that only conflicting provisions should be revised to ensure that madrasas comply with constitutional standards. The state emphasized that an outright repeal would harm students and hinder educational efforts.

The Madrasa Act, introduced in 2004 under former Chief Minister Mulayam Singh Yadav, oversees the governance of madrasas in Uttar Pradesh. In response to a recent surge in madrasa attendance, the UP government has explored integrating madrasa students into formal schools. The government is also investigating alleged foreign funding received by several madrasas. In October 2023, a Special Investigation Team (SIT) found that around 8,000 madrasas, particularly in border regions, reportedly received over ₹100 crore from foreign sources.

This Supreme Court verdict marks a pivotal step in balancing religious and public education policy, with authorities now tasked to ensure madrasas comply with both state and national standards. The court’s decision upholds the core of the UP Madrasa Act while addressing its conflicting sections, aiming to protect both educational access and regulatory compliance for madrasa students.