• The Allahabad High Court invalidated the Madarsa Act, citing violations of secularism, Articles 14, 21, 21-A, and Section 22 of the UGC Act, directing the state to move Madarsa students to other recognized schools.

• The Supreme Court stayed this High Court judgment on 5 April 2024.

Supreme Court Decision:

• The Supreme Court upheld the constitutional validity of the Madarsa Act, except for the provisions related to higher education degrees, which conflicted with the UGC Act.

Key Reasons for the Decision:

1. Madarsa Act and Secularism:

• • A law cannot be invalidated solely for contravening principles like secularism unless it violates specific constitutional provisions or exceeds legislative power.
• • The Court clarified the distinction between "religious instruction" (prohibited by Article 28 in government-funded institutions) and "religious education," which is permissible alongside secular studies.
• • The Madarsa Act promotes substantive equality by allowing minority institutions to uphold high educational standards while preserving their character, aligning with the State's duty to support minority educational goals.

2. Regulatory Nature of the Madarsa Act:

• • The Act is regulatory, focused on education standards, not on mandating religious instruction.
• • The Court noted the State’s interest in maintaining educational standards in Madarsas, consistent with standards in other institutions.
• • The Act aligns with the Right of Children to Free and Compulsory Education Act, 2009, but minority institutions are exempt from the RTE Act’s obligations.

3. Legislative Competence of Uttar Pradesh:

• • The Uttar Pradesh legislature had authority under Entry 25, List III (Concurrent List) to enact the Madarsa Act.
• • The presence of religious education within Madarsas does not negate the State's legislative competence in educational regulation.
• • This interpretation supports Article 30, which protects minority rights to establish and administer educational institutions.

4. Conflict with the UGC Act in Higher Education Provisions:

• • The UGC Act governs standards for higher education under Entry 66 of List I, which supersedes Entry 25 of List III (Concurrent List).
• • Provisions in the Madarsa Act concerning higher education degrees (e.g., Kamil and Fazil) were found unconstitutional as they conflicted with the UGC Act.
• • These higher education regulations are severable from the rest of the Act, allowing the remainder of the Madarsa Act to remain valid.

Constitutional and Legal Provisions Related to Minorities

• • The term "Minority" is not explicitly defined in the Indian Constitution but is recognized in the context of religious and linguistic groups.

Article 29

• • Grants the right to any section of citizens in India with a distinct language, script, or culture to conserve it.
• • Protects both religious and linguistic minorities.
• • The Supreme Court has clarified that this article applies not only to minorities but also to the majority, as it uses the term "section of citizens."

Article 30

• • Confers on all minorities (religious or linguistic) the right to establish and administer educational institutions of their choice.
• • The protection under Article 30 is limited specifically to minorities and does not extend to all sections of citizens (as Article 29 does).

Article 350-B

• • Added by the 7th Constitutional Amendment Act, 1956.
• • Establishes the position of a Special Officer for Linguistic Minorities, appointed by the President of India.
• • The Special Officer is responsible for investigating matters concerning the constitutional safeguards for linguistic minorities.

National Commission for Minority Educational Institutions (NCMEI) Act, 2004

• • Grants minority status to educational institutions based on six religious communities notified by the government under the NCMEI Act: Muslims, Christians, Sikhs, Buddhists, Zoroastrians (Parsis), and Jains.