Allahabad HC: UP Board Of Madarsa Education Act 2004 Is Unconstitutional

On Friday, the Allahabad Court declared the UP Board of Madarsa Education Act 2004 unconstitutional, violating the principle of secularism.

Justice Vivek Chaudhary and Subhash Vidyarthi directed the Uttar Pradesh government to frame a new scheme so that the students studying in Madarsa can have access to the formal education system.

This decision was made after the survey was conducted in the Islamic education institutions in the state, and it also informed an SIT in October 2023 to probe the madarsa’s funds from abroad. Anshuman Singh Rathode challenged the vires of the UP Madarsa Board. He raised objections to the management of Madarsa by the Minority Welfare Department, both by the Union of India and the State Government, and other related issues.

Following the decision of the justices of the Allahabad High Court, funds received from the government to grant-in-aid madrasas will cease, and such madrasas will be abolished.

In December 2023, the division bench raised concerns about the need for transparency in the administration of educational institutions and the bigger issue of whether such decisions are in line with the rules of equal opportunity and secular governance.