Citation : 2024 INSC 831
Date of judgment : 5 November 2024
Court : Supreme Court Of India
Petitioner : Anjum Kadari & Anr
Respondent : Union of India & Ors.
Bench: : CJI D.Y. Chandrachud, Justice J.B. Pardiwala, and Justice Manoj Mishra
Facts
Uttar Pradesh Madarsa Education Act, 2004 was presented and passed for the sole purpose to regulate the teachings provided by the islamic seminaries all over the state. This statute created a Madarsa board which had extensive powers, like to organize examinations, confer degrees, and determine curricula and affiliated institutions. The act was enacted to modernize the outdated, traditional muslim education syllabus with NCERT syllabus, but it remained centred on traditional Islamic disciplines such as Arabic, Urdu, Persian, Tibb, and Islamic Studies.
Oversight of the Board was assigned to the Minority Welfare Department, and its membership was drawn mainly from within the Muslim community. The Act, however, conferred upon the state the right to issue the Board binding directions, including the ability to set aside its determinations before designated courts.
In 2023, a wave of public interest litigations swept through the Allahabad High Court, questioning the constitutional legitimacy of the Act in question. Petitioners contended that the statute infringed the secular fabric, the equal protection of the laws, and the fundamental right to education guaranteed by Articles 14, 21A, and 28 of the Constitution. In a momentous ruling, the High Court pronounced the whole Act unconstitutional and a nullity from the moment of its enactment. The bench reasoned that by financing and overseeing the imparting of religious education through state resources, the law impermissibly blurred the line between state neutrality and sectarian advantage, thereby corroding the bedrock of secular education .
After the verdict was struck down, the State ordered the closure of Madarsas found to be flouting regulations and instructed that their students be placed in regular schools. The ruling was then challenged in the Supreme Court, which overturned the High Court directive and granted leave to appeal. The development rekindled a country-wide discussion on how minority rights intersect with the secular framework of Indian governance. The matter ultimately ended the speculation about religion, education, and the extent of state intervention in private lives.
Issue Raised
- Does the Madarsa Act violate the constitutional principle of secularism, which forms part of the basic structure?
- Whether the Act infringes Articles 14, 21A, and 28 of the Constitution by enabling state-funded religious instruction and unequal access to quality education.
- Whether the UP Legislature was competent to enact such legislation under Entry 25 of List III in the Seventh Schedule.
- Whether the Board’s power to confer degrees (e.g., Fazil, Kamil) conflicts with the University Grants Commission Act, 1956.
- Whether the High Court was justified in striking down the entire Act instead of reading down or severing the unconstitutional parts.
Contention
By Petitioners
- The Act enables Madarsas to function as minority educational institutions under Article 30, balancing their minority character with State-regulated secular education.
- The Act fulfills the State’s obligation under Article 21A to ensure quality education for all, including minority students.
- The principles of secularism do not preclude the State from recognizing and regulating religious educational institutions imparting secular education.
- Striking down the Act would harm over 12 lakh students currently enrolled in Madarsas and create a regulatory vacuum.
- Article 28 only prohibits “religious instruction” in institutions wholly maintained by state funds, not in recognized but unaided institutions
- The Madarsa Board incorporates secular subjects like Science, English, and Mathematics following NCERT guidelines
By Respondent
- The Act makes religious teaching a formal part of the system, which goes against the secular spirit of the Constitution.
- Provisions relating to Fazil and Kamil degrees conflict with the UGC Act, exceeding the State legislature’s competence.
- Regulation of education in Madarsas by a minority welfare department discriminates against students compared to those under general education departments.
- The composition of the Board, which reserves seats only for Muslims, violates Article 14 and fosters institutional bias.
- By using public resources to regulate religious instruction, the State violates the secular character of governance.
- Sections of the Act infringe Article 28, which prohibits religious instruction in state-funded institutions.
- The Act effectively creates a segregated educational system for Muslim students, violating their dignity and equal opportunity.
Rationale
The honorable SC reached a unanimous verdict that the entire Madarsa Act need not be struck down, the doctrine of severability should be applied.
The UP Madarsa Education Act, 2004 is constitutionally valid, except for the provisions allowing the Board to confer higher education degrees (Fazil and Kamil), which were struck down as outside the state legislature’s competence under Entry 66, List I under the UGC Act.
The Madarsa Act does not violate basic structure doctrine as for violation, specific provisions from the Constitution are to be shown violated. Further, Madarsa Act is a regulatory legislation which seeks to provide standards for quality education. Also, it is within legislative competence of the state under Entry 25, List III of the Constitution.
The Court acknowledged that secularism, while a basic structure principle, must be understood in its Indian context as a principle of equal respect and treatment of all religions, rather than strict church-state separation. It referenced S.R. Bommai v. Union of India and TMA Pai Foundation v. State of Karnataka holds that regulation of minority-run institutions does not automatically violate secularism.
Defects Of Law
1 . The Madarsa Act gave some unconstitutional powers to the Madarsa Board by which they awarded advanced degrees such as Fazil and Kamil . However, regulating higher education standards falls completely within the Union List Entry 66 and is governed by the UGC Act. This makes the Board’s degree providing powers unconstitutional. The Supreme Court rightly held that a state-created body cannot intrude into academic domains exclusively controlled by Parliament.
- Though the law claims to be regulatory, in reality it ends up supporting theological education with the state’s backing. There’s little to no independent, secular oversight, and the curriculum leans heavily toward religious content. This gives the impression that the state is indirectly promoting a particular religion, which raises serious questions about whether the Act truly upholds the constitutional principle of neutrality. It brings the law uncomfortably close to violating Article 28 and undermining India’s secular framework.
- The majority of the Madarsa Board members are from a single religious community. This reflects the true and unfiltered spirit of this Board, the institutions it governs, which pose severe problems in representing members under Articles 14 and 16. The provisions that empower the State Government to interfere with or override the Board’s decisions compromise the independence guaranteed to minority institutions under Article 30 b.
- The aim and goal were to modernise Madarsa education, but the Act fails to ensure that students receive learning and education similar to other students of various institutions. There are no mandatory rules or specific ways to measure results that guarantee fairness or equality. As a result, students may be left with education that is neither competitive nor recognised beyond religious institutions, raising concerns under Article 21A regarding meaningful access to quality education.
- The statute contains provisions such as Section 28, which works as a shield for the Board’s actions from judicial scrutiny; this undermines both transparency and the fundamental right to seek remedies under Article 32. This power violates the basic structure of administrative law, where public bodies must be answerable for their decisions.
Inference
Before making its ruling in Anjum Kadari v. Union of India, the Supreme Court gave careful consideration to the balance of the constitution. It tried to carefully uphold the UP Madarsa Act or support the High Court’s vague strike down. Instead, the Court carefully examined the law to the very last detail, upholding what was constitutionally valid, and any provision that was beyond the bounds was declared unconstitutional, particularly those that dealt with the power to grant degrees. It also disregarded popular pressure and the dominant narrative that called for a ‘national ban’ on madrasas.
The decision by the court reflects its views related to religion and education, as over 12 lakh students depend on Madrasa boards in India. The judgement unearths the structural flaws in the act and also highlights the lack of parity with mainstream education.
Notably, the Court’s decision depicts that secularism is not a concrete wall between religion and state, but it is a principle of equal respect and non-coercion. In line with the conventional Indian constitutional approach, the state engages with religious institutions, but not favours or funds religious instruction in a way that threatens neutrality.
Through the judgement, the Court tried to protect both minority rights under Article 30 and secular values under Article 28 without letting either dominate. As lakhs of students depend on these boards, a real fixation is required and not just theoretically, but practically, the Court noted.
Furthermore, it ordered that the State should revisit the Act with two goals: first, to make sure that Madarsa students get the same quality of education as anyone else; second, to ensure that state involvement doesn’t turn into indirect religious endorsement.
Also, to make the Act survive the future course of actions, the Board should be more inclusive, must have strict quality standards, and should mandatorily comply with the UGC framework.
Conclusively, this decision is not just about the Madarsa Act, but it also determines how the Indian legal system navigates the tightrope between minority protection and constitutional equality. As India, a religiously diverse and sensitive country, such a judgement reiterates that regulation of religious institutions isn’t off-limits, but it has to be done with clarity, restraint, and an eye on both autonomy and accountability.
______________________________________________________________________________
Name – Ayush Pandey
College – Chhatrapati Shahu Ji Maharaj University, Kanpur, Uttar Pradesh.
