Supreme Court Declines Plea on Mandatory Registration of Religious and Secular Institutions Teaching Children Under 14

May 11, 2026 : The Supreme Court has refused to entertain a plea seeking mandatory registration, recognition and monitoring of all institutions imparting secular or religious education to children below 14 years, directing the Ministry of Education to first decide the petitioner’s pending representation.

The petition was filed by advocate Ashwini Kumar Upadhyay, who sought directions for the registration and supervision of all institutions providing secular or religious instruction to children in line with Articles 21A, 39(f), 45 and 51A(k) of the Constitution.

A Bench comprising Justice Dipankar Datta and Justice Satish Chandra Sharma observed that the petitioner had already submitted a representation to the Ministry of Education on February 10, 2026, pursuant to an earlier order of the Court, and therefore the executive must first take a decision on it.

During the hearing, Justice Datta clarified that the Court was not examining the merits of the plea at this stage and said the Education Secretary should decide the representation within a reasonable time. The Bench noted that only two months had passed since the representation was submitted and emphasized that the executive also carries responsibility under the law.

The petitioner argued that unregistered institutions imparting religious instruction could lead to radicalisation, manipulation and security concerns involving young children. The plea further contended that such institutions lacked proper regulation, teacher qualification standards and curriculum oversight, affecting the quality and safety of education guaranteed under Article 21A.

The petition also sought a declaration that Article 30 does not grant minority institutions any additional rights beyond those available under Article 19(1)(g), arguing that institutions imparting religious instruction should fall under Articles 25 and 26 of the Constitution.

However, the Supreme Court declined to issue notice in the matter and disposed of the plea, granting liberty to await the Ministry’s decision on the pending representation.