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Anjum Kadari vs. Union of India

Not available · 2024 INSC 831Decided 5 Nov 2024
Not available

Background

The Uttar Pradesh Madarsa Education Board Act, 2004 (the "Madarsa Act"), which regulates madarsas (Islamic religious schools) run by the state's minority community, was struck down in its entirety by the Allahabad High Court as unconstitutional. The High Court held it violated secularism and the right to a free, quality education under Articles 14, 21 and 21-A. Several madrasa administrators, students and the Madarsa Board challenged that ruling before the Supreme Court, arguing the Act was a valid exercise of the State's power to regulate minority educational institutions.

Decision Breakdown

The Supreme Court set aside the High Court's judgment and upheld the Madarsa Act's core validity. It held that a secular state can still regulate the standard of education in minority institutions under Article 30 without destroying their minority character, and that the Act was within the State legislature's competence under Entry 25 of List III (Concurrent List) covering education. However, the Court struck down the specific provisions of the Act that regulated higher-education degrees such as "Fazil" and "Kamil" (akin to graduate/postgraduate degrees), holding these conflicted with the UGC Act, 1956, a central law enacted under Entry 66 of List I which occupies that field exclusively.

Lesson Learnt

A state's power to regulate minimum standards of secular education in minority-run institutions does not, by itself, violate secularism or minority rights, but a state law cannot extend into the domain of granting or regulating university-level degrees, which is reserved for central legislation like the UGC Act.

Official source (sci.gov.in)View Judgment (PDF)

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