Supreme Court adjourns hearing on Places of Worship Act until April

The Supreme Court on Monday postponed the hearing on petitions challenging the constitutional validity of the Places of Worship (Special Provisions) Act, 1991, to April.

The Act maintains the religious character of places of worship as they were on August 15, 1947.

A bench comprising Chief Justice of India (CJI) Sanjiv Khanna and Justice PV Sanjay Kumar scheduled the matter for the week beginning April 1, stating that a three-judge bench is required. Since only a two-judge bench was available that day, the hearing could not proceed.

In the morning session, the bench clarified, "It won't be taken today. It's a three-judge bench matter. We are in a two-judge bench combination today." CJI Khanna later remarked that the hearing would likely take place "sometime in March."

Additionally, he expressed concern over the increasing number of petitions and intervention applications related to the Act, stating that there should be a limit on such filings.

Later, the court issued a brief order dismissing all new petitions regarding the case while allowing petitioners to file applications raising fresh arguments within ongoing proceedings.

Several political and religious organizations, including the Indian National Congress, CPI(ML), AIMIM leader Asaduddin Owaisi, Jamiat Ulama-I-Hind, the All India Muslim Personal Law Board, and the management committees of the Gyanvapi and Shahi Idgah mosques, submitted applications opposing the pleas that challenge the Act. These intervenors argued that admitting such petitions could lead to a flood of litigation against mosques across India.

The Supreme Court is currently handling multiple petitions that either challenge the Places of Worship Act or call for its strict implementation. The constitutional validity of Sections 2, 3, and 4 of the Act has been contested, with petitioners arguing that these provisions violate fundamental rights such as equality and freedom of religion, as well as the principles of secularism and rule of law enshrined in the Constitution’s Preamble.

The Act prohibits changing the religious nature of any place of worship and imposes penalties for violations.

On December 12, the Supreme Court had barred all courts nationwide from issuing any interim or final orders—including survey directives—on pending cases concerning existing religious structures. It further ruled that no new lawsuits related to such claims can be filed while the apex court is hearing the challenges to the 1991 Act.

Petitioners challenging the Act include Maharaja Kumari Krishna Priya (daughter of the Kashi Royal Family), BJP leader Subramanian Swamy, former MP Chintamani Malviya, retired army officer Anil Kabotra, advocates Chandra Shekhar and Ashwini Upadhyay, religious leaders Swami Jeetendranand Saraswati and Devkinandan Thakur Ji, and Varanasi resident Rudra Vikram Singh.

The Hindu petitioners argue that the Act unjustly denies Hindus, Jains, Buddhists, and Sikhs the right to reclaim and restore their places of worship that were allegedly desecrated by invaders.

One plea stated, "The Act excludes the birthplace of Lord Rama but includes the birthplace of Lord Krishna, though both are incarnations of Lord Vishnu, the creator and equally worshipped all over the world."

The petitions further assert that the Act effectively bars citizens from approaching the courts, thereby denying them their fundamental right to seek judicial remedies.