SC gives Centre 4 weeks to decide on regulating religious education institutions
Synopsis
The Supreme Court has given the Centre four weeks to decide on regulating all institutions — secular or religious — that teach children under 14. The case, brought by advocate Ashwini Kumar Upadhyay, raises a pointed constitutional question: should madrasas, gurukuls, and similar bodies face the same oversight as mainstream schools?
Key Takeaways
The Supreme Court directed the Centre to decide within four weeks on a representation seeking regulation of all institutions imparting education to children below 14 years .
A Bench of Justice Dipankar Datta and Justice S.C.
Sharma disposed of the writ petition filed by advocate Ashwini Kumar Upadhyay .
The representation was submitted before the Union Ministry of Education on 10 February 2025 .
The petition contended that thousands of unregulated and unrecognised institutions across India operate without adequate supervision, potentially undermining children's right to quality education under Article 21A .
The plea also sought a constitutional declaration that religious instruction institutions fall under Article 26 , not Articles 19(1)(g) or 30(1) .
The Supreme Court on Monday directed the Centre to take a decision within four weeks on a representation seeking registration, recognition, regulation, and monitoring of all institutions imparting secular or religious education to children below the age of 14 years. The directive came as the apex court disposed of a writ petition filed by advocate Ashwini Kumar Upadhyay, noting that a formal representation had already been submitted before the Union Ministry of Education on 10 February 2025.
What the Court Directed
A Bench comprising Justice Dipankar Datta and Justice S.C. Sharma disposed of the writ petition after taking note of the pending representation before the Ministry. The court declined to entertain the plea at this stage, asking the petitioner to await the outcome of the representation already on record.
The Bench observed that only around three months had elapsed since the representation was submitted, making it premature for the court to intervene.
Point of View
And a non-committal response from the Ministry would likely push this back to the court — with higher stakes.
NationPress
11 May 2026
Frequently Asked Questions
What did the Supreme Court direct regarding religious education institutions?
The Supreme Court directed the Centre to take a decision within four weeks on a representation seeking registration, recognition, regulation, and monitoring of all institutions imparting secular or religious education to children below the age of 14 years. The court disposed of the writ petition filed by advocate Ashwini Kumar Upadhyay, asking the petitioner to await the Ministry's response.
Who filed the petition and what does it seek?
Advocate Ashwini Kumar Upadhyay filed the writ petition, seeking directions to the Centre and state governments to register, recognise, supervise, and monitor all institutions — secular or religious — that impart education to children up to 14 years of age. The petition also sought constitutional declarations on how Articles 21A, 26, and 30 apply to religious instruction bodies.
Why did the Supreme Court decline to hear the petition directly?
The court noted that the petitioner had already submitted a representation before the Union Ministry of Education on 10 February 2025, only about three months prior. Following its own precedent from an earlier petition by the same petitioner, the Bench held that the competent authority must first take a decision before the court intervenes.
What constitutional provisions are at the centre of this case?
The petition invokes Articles 21A (right to education), 26 (freedom to manage religious affairs), 30(1) (minority rights to establish educational institutions), 39(f), 45, and 51A(k) of the Constitution. It argues that all child-facing institutions, regardless of religious or secular character, must be brought under a common regulatory framework.
What did the petitioner claim about unregulated religious institutions?
The petitioner claimed that during visits to border districts of Uttar Pradesh earlier in 2025, he found several allegedly unregistered and unrecognised institutions imparting religious instruction to children. He argued that thousands of such institutions across India function without adequate supervision, potentially harming children's right to quality education.
