Daijiworld Media Network - New Delhi
New Delhi, Mar 31: The Supreme Court is set to hear a new public interest litigation (PIL) on Tuesday, April 1, challenging the constitutional validity of a provision in the Places of Worship Act, 1991.
According to the apex court’s official causelist, a bench led by Chief Justice of India Sanjiv Khanna and Justice Sanjay Kumar will examine the latest petition questioning the contentious law, which prohibits legal action to reclaim a place of worship or alter its religious character as it stood on August 15, 1947.
The CJI Khanna-led bench is already handling multiple petitions challenging the Act’s validity. In a key interim order on December 12, 2024, the Supreme Court ruled that no fresh suits could be filed under the Places of Worship Act, and no final decisions could be made in ongoing cases until further notice.
The latest petition, filed through advocate Shweta Sinha, argues that Section 4(2) of the 1991 Act is arbitrary, irrational, and unconstitutional, violating Articles 14, 21, 25, and 26 of the Indian Constitution.
“This provision not only shuts down the possibility of mediation but also strips the judiciary of its power to adjudicate disputes. The legislature cannot curtail judicial authority through colorable legislation,” the plea asserts.
The legal battle against the Act gained momentum in March 2021, when a Supreme Court bench, led by then Chief Justice S.A. Bobde, sought the Central government’s response to a petition filed by advocate Ashwini Upadhyay. The petition challenged provisions that restrict the filing of lawsuits to reclaim places of worship altered before August 15, 1947.
Upadhyay’s plea contended that the 1991 Act was enacted under the pretext of “public order”, which falls under state jurisdiction (Schedule-7, List-II, Entry-1). It also argued that “places of pilgrimage within India” are a state subject (Schedule-7, List-II, Entry-7), making it unconstitutional for the Central government to legislate on the matter.
Furthermore, the petition claimed that the Act violates Article 13(2), which prohibits the State from making laws that infringe upon fundamental rights. It specifically alleged that the Act deprives Hindus, Jains, Buddhists, and Sikhs of their right to restore places of worship that were allegedly destroyed by invaders.
Another contentious issue raised in the plea is the selective exclusion of religious sites. “The Act exempts the birthplace of Lord Rama but includes the birthplace of Lord Krishna, even though both are incarnations of Lord Vishnu and worshipped globally. This inconsistency makes the law arbitrary,” the petition argues.
With multiple challenges against the Places of Worship Act, 1991, the Supreme Court’s upcoming hearing is expected to have significant implications for the debate on religious rights, historical claims, and constitutional authority.