‘Entire statute doesn’t need to be struck down’: SC upholds UP Madarsa Act’s validity

New Delhi: The Supreme Court on Tuesday set aside the Allahabad High Court ruling striking down the Uttar Pradesh Board of Madarsa Education Act, 2004, holding that the law is consistent with the “positive obligation” of the state government to ensure that students studying in recognised madarsas attain a level of competency which will allow them to effectively participate in society and earn a living.

A bench, headed by CJI D.Y. Chandrachud, said that the Allahabad High Court erred in holding that the Madarsa Education Act, 2004, was bound to be struck down for violation of the basic structure and principles of secularism.

“The entire statute does not need to be struck down each time that certain provisions of the statute are held to not meet constitutional muster. The statute is only void to the extent that it contravenes the Constitution,” it said.

The Bench, also comprising Justices J.B. Pardiwala and Manoj Misra, held the Madarsa Education Act “unconstitutional” to the extent it regulates higher education in relation to the ‘Fazil’ and ‘Kamil’ degrees for being in conflict with the UGC Act. “The only infirmity lies in those provisions which pertain to higher education, namely Fazil and Kamil and these provisions can be severed from the rest of the Madarsa Act,” it held.

It added that if the provisions relating to higher education are separated from the rest of the statute, the Madarsa Act can continue to be enforced in a real and substantial manner.

“Thus, only the provisions which pertain to ‘Fazil’ and ‘Kamil’ (degrees) are unconstitutional, and the Madarsa Act otherwise remains valid,” the SC ruled.

Further, it held that Article 21-A of the Constitution and the Right of Children to Free and Compulsory Education (RTE) Act, 2009 have to be read consistently with the right of religious and linguistic minorities to establish and administer educational institutions of their choice.

“The Board, with the approval of the state government, can enact regulations to ensure that religious minority institutions impart secular education of a requisite standard without destroying their minority character. The Madarsa Act is within the legislative competence of the State legislature and traceable to Entry 25 of List III,” the Supreme Court said.

Earlier in April, staying the impugned decision, it had observed that the Allahabad High Court misconstrued the provisions of the Madarsa Act and the view taken by it was prima facie not correct.

Delivering a verdict on a public interest litigation (PIL) filed by an advocate challenging vires of the Madarsa Act, 2004, the Allahabad HC, in its March 22 order, had held the law violative of the principles of secularism, Articles 14, 21, and 21-A of the Constitution of India and Section 22 of the University Grants Commission Act, 1956. It had asked the Uttar Pradesh government to take steps to accommodate students of such institutions in regular schools, adding that if required, new schools would be established to ensure that children between the ages of 6 to 14 years are not left without admission in duly recognised institutions.