Supreme Court Directs Centre to Decide Within 4 Weeks on Regulation of Madrasas and Religious Schools for Children Under 14

The Supreme Court has directed the Union Ministry of Education to take a decision within four weeks on a representation seeking regulation and monitoring of all institutions imparting secular or religious education to children below the age of 14 years. The direction came on 11 May 2026 while disposing of a Public Interest Litigation filed by advocate Ashwini Upadhyay, who sought comprehensive directions for registration, recognition, supervision, and monitoring of such institutions.

The PIL and Its Contentions

The petitioner contended that thousands of unregistered institutions across the country were operating without any State supervision, allegedly radicalising impressionable children under the guise of religious instruction. The plea argued that such institutions posed a threat to internal security, fraternity, unity, and national integration, and that the absence of a regulatory framework left children vulnerable to exploitation.

The PIL sought directions for a uniform regulatory framework covering all institutions — including madrasas, gurukuls, missionary schools, and other religious education centres — that impart education or religious instruction to children up to 14 years of age. The petitioner invoked Article 21A of the Constitution, which guarantees the right to free and compulsory education for children between 6 and 14 years.

Supreme Court's Disposition

Rather than issuing substantive directions on the PIL, the Court directed the petitioner to await the outcome of the representation already made to the Secretary, Ministry of Education. The Court gave the Ministry four weeks to take a decision on the representation and disposed of the writ petition accordingly.

This approach reflects the Court's preference for allowing the executive to formulate policy on sensitive matters involving religious education, while retaining supervisory jurisdiction. By setting a four-week deadline, the Court has ensured that the matter does not languish in bureaucratic processes indefinitely.

Constitutional and Legal Context

The regulation of religious education institutions engages several constitutional provisions. Article 30 guarantees the right of religious and linguistic minorities to establish and administer educational institutions. Article 25 protects the freedom of conscience and the right to freely profess, practise, and propagate religion. At the same time, Article 21A and the Right of Children to Free and Compulsory Education Act, 2009, mandate that every child between 6 and 14 years receives quality education.

The Supreme Court in 2024 upheld the UP Madarsa Education Act, affirming that regulation of educational standards in religious institutions does not violate Article 30, provided it does not interfere with the minority character of the institution. Any regulatory framework that the Centre develops will need to balance these competing constitutional imperatives while ensuring that children receive education that meets minimum quality standards.