Allahabad High Court strikes down UP Madrasa law as 'unconstitutional' and 'against secularism'

The Allahabad High Court has rendered a landmark verdict declaring the Uttar Pradesh Board of Madarsa Education Act, 2004, as "unconstitutional" and in direct violation of the secular principles enshrined in the Indian Constitution.

The ruling, delivered by a bench comprising Justice Vivek Chaudhary and Justice Subhash Vidyarthi, reverberates across legal and educational circles, fundamentally challenging the legal framework governing Islamic education institutions in the state.

The genesis of this verdict lies in a writ petition lodged by Anshuman Singh Rathore, who contested the constitutionality of the UP Madarsa Board and raised objections regarding the management of madrasas by the Minority Welfare department, both at the Union and state levels.

This pivotal ruling arrives amid heightened scrutiny of madrasas in Uttar Pradesh, with the state government initiating a comprehensive survey of Islamic educational institutions and forming a Special Investigation Team (SIT) in October 2023 to delve into the sources of madrasas' foreign funding.

In light of the High Court's decision, the fate of grant-in-aid madrasas hangs in the balance as all financial assistance received from the government will now cease, leading to the eventual dissolution of such institutions.

Moreover, the bench, based in the Lucknow branch of the court, not only struck down the contentious law but also directed the Uttar Pradesh government to devise a scheme for integrating students currently enrolled in madrasas into the mainstream formal education system.