The Supreme Court is set to review a series of writ petitions contesting the constitutionality of the Places of Worship Act (Special Provisions) Act, 1991, on December 12 at 3:30 PM. A special bench, comprising Chief Justice of India Sanjiv Khanna, Justices Sanjay Kumar, and K.V. Viswanathan, will hear the case.
The petitioners argue that the law is both arbitrary and unreasonable, violating their fundamental right to practice religion, which they say contravenes Articles 14 and 25 of the Indian Constitution. The lead petition (Ashwini Kumar Upadhyay v. Union of India) was filed in 2020, and the Court issued a notice to the Union Government in March 2021.
Subsequently, several additional petitions (including Vishwa Bhadra Pujari Purohit Mahasangh v. UOI and Dr. Subhramanian Swamy And Ors v. UOI) have been submitted, challenging the statute intended to maintain the status quo of religious structures as they existed on August 15, 1947, and to prohibit legal actions aimed at their conversion.
The Union Government has not yet submitted its counter-affidavit, despite numerous extensions granted by the Supreme Court. On July 11, 2023, the Court directed the Union to submit the counter by October 31, 2023. Additionally, the Managing Committee of the Gyanvapi Mosque has requested to intervene in the Supreme Court proceedings regarding the validity of the Places of Worship Act 1991.
They asserted that the implications of declaring the Act unconstitutional would be severe. The Committee emphasized its role as a key stakeholder in the legal proceedings, given that multiple suits have been filed seeking the mosque’s removal, which is prohibited under Sections 3 and 4 of the 1991 Act.
