Allahabad High Court Declares UP Madarsa Board Act Unconstitutional

In a landmark decision, the Allahabad High Court declared the Uttar Pradesh Board of Madarsa Education Act of 2004 unconstitutional, asserting that the State cannot establish a board for religious education alone. This ruling, delivered by Justice Vivek Chaudhary and Justice Subhash Vidyarthi, underscores the breach of secular and equality principles enshrined in the Indian Constitution.

The judgment was a response to a petition filed by Anshuman Singh Rathore, who questioned the legality of the Madarsa Board Act alongside specific aspects of the Right of Children to Free and Compulsory Education (Amendment) Act, 2012. The bench stressed the State's obligation to promote secularism and avoid religious discrimination in education.

Introduction to the Allahabad High Court Ruling

Highlighting the State's duty to treat all citizens equally regardless of religious beliefs, the High Court reinforced that while individuals have the right to profess and spread their religion, the State must remain neutral. The court found that the Act violated Articles 14, 21, and 21A of the Constitution, which ensure equality before the law and the right to education.

The High Court criticized the Madarsa Board Act for lacking a valid reason to establish a religion-specific educational board, especially given the existence of secular boards serving various communities in Uttar Pradesh. The judgment questioned the need for a religiously exclusive board and pointed out that other boards provide education without religious bias.

Furthermore, the court observed that the powers given to the Madarsa Board mirrored those of the University Grants Commission (UGC), which contradicts constitutional mandates. It highlighted the educational disparity created by the Madarsa Board's curriculum, potentially preventing students from accessing modern education in various subjects.

During the case, the court repeatedly sought justifications for the Madarsa Board's placement under the Minority Department rather than the Education Department, yet received no convincing explanations from either the Union of India or the State government.

This pivotal ruling from the Allahabad High Court emphasizes the State's responsibility to adhere to secular principles and guarantee that education is accessible to all citizens, irrespective of their religious affiliations. The decision marks a significant step towards ensuring constitutional values are upheld and promoting inclusivity in the realm of educational policy.