Supreme Court restrains govt actions on NCPCR order to withdraw recognition of madrassas over RTE
The Supreme Court on Monday, October 21, issued an interim order restraining both the Union and State Governments from acting on a communication by the National Commission for Protection of Child Rights (NCPCR). The directive in question sought to withdraw recognition of Madrassas that were not compliant with the Right to Education (RTE) Act, 2009, and mandated an inspection of all Madrassas.
A bench led by Chief Justice DY Chandrachud, along with Justices JB Pardiwala and Manoj Misra, passed the order in response to a writ petition filed by the Islamic clerics' body Jamiat Ulema-I-Hind. The petition challenged the NCPCR’s move as an infringement on the rights of religious minorities under Article 30 of the Indian Constitution, which allows them to establish and manage educational institutions.
The controversy began in June 2024, when the NCPCR directed the Uttar Pradesh government to withdraw the recognition of Madrassas not complying with the RTE Act. It also advised the Union Government and the Ministry of Education to conduct inspections of Madrassas across States and Union Territories, urging the creation of a separate category to track recognised, unrecognised, and unmapped Madrassas.
In response, several states, including Uttar Pradesh and Tripura, issued orders to investigate government-aided Madrassas and ensure the immediate admission of all enrolled children into schools. The Union Government also followed suit, directing all States and UTs to act upon the NCPCR’s instructions.
Challenging these directives, the petitioners argued that the actions violate the rights of religious minorities to provide education according to their customs and beliefs. After hearing the case, the Court issued notices and temporarily suspended the NCPCR's communications and the subsequent directives issued by Uttar Pradesh, Tripura, and the Ministry of Education.
The Supreme Court has granted the petitioner the liberty to implead all States and Union Territories in the case. Further proceedings will determine the status of Madrassas' recognition and compliance with the RTE Act.