Why in the News?

The Supreme Court reserved its decision on appeals challenging the Allahabad HC’s verdict, which declared the Uttar Pradesh Board of Madarsa Education Act, 2004 as ‘Unconstitutional’.

On what grounds did the Allahabad HC declare the Madarsa Act as ‘Unconstitutional’?

• Violation of Secularism: The Allahabad High Court ruled that the Act violated the principle of secularism, which is a fundamental aspect of the Indian Constitution.
  • The court held that the state’s direct involvement in the administration and funding of religious institutions like madrasas contradicted the secular character enshrined in the Constitution.
• Equality Before Law: The Act was also found to contravene Article 14, which ensures equality before the law.
  • The court noted that providing special educational arrangements for madrasas amounted to favoring a particular religious community, which was deemed discriminatory against others.

What are the key arguments on the Constitutionality of the Madarsa Education Act before the SC?

• For the Act’s Constitutionality:
  • Promoting Educational Rights: Petitioners argued that the Act was intended to improve the quality of education in madrasas by incorporating modern subjects, thereby fulfilling the state’s obligation under Article 21A (Right to Education).
  • Minority Rights Protection: They contended that the Act safeguarded the rights of religious and linguistic minorities to establish and administer educational institutions of their choice under Article 30.
• Against the Act’s Constitutionality:
  • State Involvement in Religious Education: Critics argued that the state’s involvement in regulating and funding madrasas blurred the line between state and religion, thus it leads to violating the secular framework.
  • Discriminatory Approach: It was contended that the Act granted privileges to one community’s educational institutions, potentially discriminating against others.
  • Alternative Educational Models: The state’s direct regulation of madrasas was seen as unnecessary when secular education could be provided through other existing educational frameworks.

What are the wider Implications of the SC’s decision on the Madarsa Education Act?

• Impact on Minority Educational Rights: If the Supreme Court upholds the Act, it may strengthen the right of minorities to receive state support for their educational institutions.
  • Conversely, striking down the Act could set a precedent for limiting state involvement in religious institutions.
• Revisiting the Secularism Principle: The ruling could lead to a reassessment of how secularism is interpreted, particularly concerning state interactions with minority educational institutions.
• Implications for Other Religious Schools: The judgment could have broader ramifications for other religious institutions that receive government aid or regulation, potentially prompting similar legal challenges.
• Integration of Madrasas into Mainstream Education: If the Act is declared unconstitutional, the state may need to find alternative ways to integrate madrasa students into the formal educational system without compromising on their cultural and religious needs.

Way forward: 

• Reform the Act to Align with Secular Principles: Amend the Act to focus on educational standards without direct state involvement in religious affairs, ensuring compliance with constitutional values of secularism and equality.
• Promote Inclusive Educational Models: Integrate madrasa education into the mainstream system by introducing modern subjects while respecting cultural and religious contexts, allowing students to benefit from both secular and religious education.

Mains PYQ:

Q National Education Policy 2020 conforms with the Sustainable Development Goal-4 (2030). It intends to restructure and reorient the education system in India. Critically examine the statement. (UPSC IAS/2020)

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Why in the News?

On Monday, October 21, 2024, the Supreme Court affirmed that secularism is an integral and fundamental component of the Basic Structure of the Constitution.

Is Secularism an Unamendable Part of the Indian Constitution?

• Part of the Basic Structure: The Supreme Court has consistently held that secularism is an essential and indelible part of the Basic Structure of the Indian Constitution. This means that even though the Preamble was amended in 1976 to include the word “secular,” the principles of secularism were considered inherent in the Constitution from the start.
• Kesavananda Bharati Case (1973): The landmark judgment established the “Basic Structure Doctrine,” which states that certain fundamental features of the Constitution cannot be altered or destroyed through amendments. Secularism, along with democracy, rule of law, and judicial review, was deemed a part of this unamendable structure.
• Equality and Fraternity: The right to equality (Article 14) and the emphasis on fraternity in the Constitution have been interpreted by the judiciary to embody secularism as a core value, ensuring the protection of all religions and the principle of state neutrality in religious matters.
• Indira Gandhi’s 42nd Amendment (1976): The amendment officially added the term “secular” to the Preamble, though the court’s view is that secularism was always implicitly present in the spirit of the Constitution.

How Does Indian Secularism Differ from Western Models?

• Equal Respect for All Religions (Sarva Dharma Sambhava): Indian secularism emphasizes the equal respect and treatment of all religions, rather than the strict separation of religion and state seen in Western secular models.
• State Intervention for Social Reform: Unlike Western secularism, where religion is often seen as a strictly private affair, Indian secularism allows the state to engage with religious institutions to reform practices that may be discriminatory or harmful (e.g., abolition of untouchability or regulation of religious endowments).

What Implications Do Challenges to Secularism Have for Indian Democracy?

• Erosion of Minority Rights: The rise of majoritarian politics, fueled by Hindu nationalism, threatens minority rights and equality before the law, with accusations of fostering an environment where attacks on minorities are tolerated.
• Centralization of Power: The concentration of power has weakened institutional autonomy, curtailed civil liberties, and marginalized minority voices, impacting the democratic principles of secularism and dissent.
• Impact on Governance and International Relations: Religious considerations in policymaking can result in discriminatory practices, harm India’s international reputation regarding human rights, and attract global criticism.

Way forward: 

• Strengthen Legal Safeguards: Reinforce constitutional provisions that protect secularism by ensuring strict enforcement of anti-discrimination laws and promoting inclusive policies that uphold the principles of equality, fraternity, and state neutrality in religious matters.
• Promote Civic Education on Secularism: Increase public awareness and education about the significance of secularism in India’s constitutional framework to foster social harmony and counter identity-based politics, reinforcing the values of pluralism and unity in diversity.

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Why in the News?

On October 17, 2024, political parties widely welcomed the Supreme Court’s decision upholding Section 6A of the Citizenship Act, addressing citizenship under the Assam Accord.

What are the implications of upholding Section 6A for citizenship in Assam?

• Legal Recognition of the Assam Accord: The verdict reinforces the Assam Accord’s legal status, acknowledging the cut-off date of March 25, 1971, for granting citizenship to immigrants. This solidifies the Accord’s role as a foundational legal document addressing the state’s citizenship issues.
• Clarifying Citizenship Status: The ruling provides legal clarity on the citizenship status of individuals who entered Assam between January 1, 1966, and March 25, 1971. They are granted citizenship if they comply with specific conditions, while those arriving post-1971 are deemed illegal immigrants.
• Impact on the NRC Process: The decision may influence the National Register of Citizens (NRC) process in Assam by determining who is eligible for inclusion. The cut-off date could guide the verification of citizenship claims, potentially affecting those at risk of being declared stateless.

How does this ruling interact with existing immigration laws and policies?

• Consistency with the Foreigners Act: The ruling aligns with existing immigration policies under the Foreigners Act, where illegal immigrants are identified and potentially deported.
• Implications for Deportation and Detection: The verdict mandates continued efforts to detect and deport illegal immigrants who arrived post-March 25, 1971.
  • This may intensify identification and deportation processes, requiring robust legal and administrative mechanisms.
• Role in NRC and Citizenship Amendment Act (CAA) Debate: The ruling interacts with ongoing discussions about the CAA, which grants citizenship to non-Muslim migrants from neighboring countries who entered before December 31, 2014.

What are the broader constitutional implications of this decision?

• Federalism and Regional Autonomy: The judgment upholds Assam’s unique historical and cultural context, recognizing the state’s special legal provisions under the Assam Accord.
• Right to Equality and Non-discrimination: By validating different cut-off dates for citizenship determination in Assam compared to the rest of India, the ruling raises questions about equal treatment and the uniformity of laws across the country.
• Judicial Endorsement of Accord-based Legislation: The ruling sets a precedent for upholding legislation based on historical accords or regional agreements.

Way forward: 

• Full Implementation of the Assam Accord: Ensure the complete execution of all clauses of the Accord, including detecting, deleting, and deporting illegal immigrants, while providing support to those recognized as citizens to integrate smoothly into society.
• Strengthen Legal and Administrative Frameworks: Enhance the infrastructure for the NRC process, deportation mechanisms, and border management to maintain consistency in immigration policies, while addressing humanitarian concerns for affected individuals.

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