Supreme Court Rejects Petition Challenging Constitutional Validity Of Places Of Worship Act

The Supreme Court has dismissed a petition challenging the constitutional validity of the Places of Worship Act, 1991.

The petition, filed by law student Nitin Upadhyay, argued that the Act infringes on judicial remedies and encroaches upon the legislative rights of the government.

Court Dismisses The Petition

During the hearing, the petitioner’s lawyer argued that this petition was separate from previous cases and should be considered independently.

However, Chief Justice of India (CJI) Sanjiv Khanna, heading the bench, rejected these arguments and dismissed the petition.

The court also stated that the petitioner could file an application for intervention (IA) if necessary.

Details Of The Places Of Worship Act, 1991

The Places of Worship Act mandates that the religious character of any place of worship, as it existed on August 15, 1947, maintained.

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The Act prohibits any change in the religious nature of these places, asserting that they must remain as they were on that historic day.

Upadhyay’s petition contested the constitutionality of this provision, claiming it blocked judicial remedies and infringed on the rights of the judiciary.

Petitioner’s Argument Against The Act

In his petition, Upadhyay argued that the law restricted courts from determining the original religious form of any place of worship.

The petition further claimed that while the Act preserves the religious form of a place, it does not impose restrictions on the structure, construction, or alteration of the buildings themselves.

Additionally, Upadhyay’s petition suggested that the Act should not prohibit scientific or documentary surveys to investigate the religious nature of these places.

Supreme Court’s Final Ruling

The Supreme Court has now rejected the petition, maintaining the constitutional validity of the Places of Worship Act, 1991.

With the petition dismissed, the court has upheld the Act’s provisions regarding the preservation of the religious nature of places of worship as of August 15, 1947.