The Supreme Court is set to hear a plea on April 1 challenging the validity of a provision in the Places of Worship (Special Provisions) Act, 1991, which preserves the religious character of places of worship as they existed on August 15, 1947. The bench, led by Chief Justice Sanjiv Khanna and Justice Sanjay Kumar, will hear the petition filed by law student Nitin Upadhyay.
Upadhyay has questioned the constitutionality of section 4(2) of the Act, which prohibits proceedings to change the religious character of a place of worship and bars the filing of fresh cases. The petition argues that this provision transgresses legislative power, denying judicial remedies and violating the basic principles of the Constitution.
The petition further asserts that the Act allows for structural changes to restore the original religious character of places of worship and does not prohibit scientific or documentary surveys to ascertain the religious character. The petitioner seeks a court directive that would enable the judiciary to pass appropriate orders in such cases.
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Several petitions challenging the constitutional validity of Sections 2, 3, and 4 of the Act are already under review by the Supreme Court. These petitions argue that the Act violates secularism and the rule of law, which are integral to the Constitution's Preamble and basic structure.
Prominent figures, including BJP leader Subramanian Swamy and religious leaders, have filed pleas against the Act, arguing it violates their fundamental rights, including freedom of religion. In contrast, political and religious groups, including the Congress and AIMIM, have sought to dismiss these challenges, warning of widespread litigation against mosques if the petitions succeed.
In December, the Supreme Court restrained all lower courts from passing orders or conducting surveys related to pending lawsuits over religious structures. The Court also ruled that no new cases can be filed while the petition challenging the Act is under consideration.
The Places of Worship Act, which prohibits altering the religious nature of places of worship, excludes the Ram Janmabhoomi-Babri Masjid dispute from its purview.
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