Supreme Court Upholds Madrassa Law: A Landmark in Positive Secularism

The Supreme Court upheld the 2004 Uttar Pradesh madrassa education law, emphasizing the positive concept of secularism requiring equal treatment of minority and secular institutions. It emphasized creating conditions for fundamental rights and maintaining educational standards in minority institutions. The positive secularism aligns with substantive equality principles.

The Supreme Court has upheld the 2004 Uttar Pradesh madrassa education law, reinforcing the principle of positive secularism which mandates the state to treat minority institutions on par with secular ones. This judgment overturned an earlier decision by the Allahabad High Court, which had quashed the law as violative of secular principles.

Chief Justice D Y Chandrachud highlighted that secularism is a facet of the right to equality, and both concepts demand active state involvement for ensuring equitable treatment regardless of religion. The court noted that the right to administer minority educational institutions does not exempt them from upholding educational standards set by the state.

The ruling clarified the state's role in regulating educational standards to match those of secular institutions without interfering with their day-to-day management. The court deemed the 2004 madrassa law reasonable as it aimed to enhance academic excellence, allowing madrassa students to compete in state board examinations effectively.

(With inputs from agencies.)