Supreme Court Upholds Uttar Pradesh Madarsa Act, Ensures Substantive Equality for Minorities
Last Updated on November 7, 2024 by Athi Venkatesh
The Supreme Court has upheld the constitutional validity of the Uttar Pradesh Board of Madarsa Education Act, 2004, except where it regulates higher education degrees. This ruling overturns a previous Allahabad High Court judgment that struck down the Act as unconstitutional. The bench, led by Chief Justice DY Chandrachud along with Justices JB Pardiwala and Manoj Misra, emphasized that the Act advances the substantive equality of the minority community.
The Court noted that the Act serves as a regulatory framework to ensure Madarsas meet minimum educational standards. By regulating standards, conducting exams, and awarding certificates, the Act allows students from Madarsas to access higher education opportunities. According to the judgment, this approach supports the state’s role in ensuring all students, including those in minority schools, develop the competencies needed to thrive in society.
Chief Justice Chandrachud highlighted that the Act aligns with “positive secularism,” a concept allowing the State to implement policies that may treat minorities differently in order to treat all individuals equally. This principle allows the State to treat minority institutions comparably with secular ones, supporting the idea of substantive equality.
The Court clarified that a statute cannot be struck down solely on grounds of violating the basic structure of secularism unless directly contradicting the Constitution’s express provisions. It further added that establishing a Board to recognize and regulate Madarsa education does not infringe on Article 14, which ensures equality before the law.
The concept of substantive equality, as elaborated in the judgment, moves beyond formal equality. It focuses on removing institutional and systemic barriers faced by disadvantaged groups, enabling them to participate fully in social, economic, and cultural life. The Court held that this form of equality is vital for addressing discrimination and ensuring that minorities can compete on an equal footing in society.
