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In Anjum Kadari and another v. Union of India and others, SC has set aside Allahabad High Court’s March 2024 judgement that struck down Madarsa Act.
- It was struck down for violating principle of secularism (basic structure) and Articles 14, 21 and 21-A of Constitution and was ultra vires Section 22 of University Grants Commission (UGC) Act, 1956.
- Section 22 provides that no degrees can be conferred by any institution other than the institutions defined under UGC Act.
Key Highlights of Judgement
- Reverse HC order: SC held that a statute could be struck down if it violates Fundamental Rights under Part III and not violation of basic structure of Constitution.
- Rationale of Madarsa Act: To regulate standards of education in Madarsas recognised by Board and State’s obligation is to ensure that students attain level of competency aiding their active participation in socio-economic setting.
- Legislative competence: Madarsa Act is within legislative competence of State Legislature and traceable to Entry 25 of concurrent list (i.e. Education, including technical education, medical education and universities).
- Partially Unconstitutional: Provisions regulating Higher Education degrees like 'fazil' (post-graduate degree) and 'kamil' (undergraduate degree) are unconstitutional as they are in conflict with UGC Act.
Regulation of Minority Education Institutions
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