Case before the court

The Bench, also comprising Justices P V Sanjay Kumar and K V Viswanathan, was hearing petitions challenging the constitutional validity of the Places of Worship Act, 1991.

The law, brought in the wake of the Ayodhya movement, prohibits conversion of any place of worship and provides for the maintenance of the religious character of places of worship as it existed on August 15, 1947.

Only the Ram Janmabhoomi-Babri Masjid dispute was kept out of the purview of the law since the case was already sub judice.

What the order impacts

The order applies to both civil suits that are already pending (there are several) and to those that may be filed in the future.

The order bars the “registration” of cases by civil courts. Consequently, they also cannot order a survey, or seek a report from the Archeological Survey of India (ASI), as they have done in several recent instances.

All these civil cases have raised questions on the title of mosques, arguing that they were built on Hindu religious structures that were razed by medieval rulers.

The SC also observed that court orders in these civil suits could be challenged on the grounds that they violate larger constitutional principles of secularism and the rule of law, irrespective of the Places of Worship Act.

Challenge to the 1991 Act

Meanwhile, the SC will have to hear the constitutional challenge to the 1991 Act. These petitions have been pending since 2020. It remains to be seen if the Centre will defend the law or argue against it.

The petitioners have challenged the law on two main grounds. First, that it takes away the power of judicial review by abating claims that existed at the time of passing the law and prohibiting fresh claims in courts. Second, that it is arbitrary in retrospectively picking August 15, 1947 as the cut-off date for determining the religious character of a place of worship.

In 2019, in the five-judge Constitution Bench ruling in the Ayodhya case, the SC had referred to the 1991 law as forming a part of the “basic structure of the Constitution”. While the 1991 law was not directly under challenge in that case, the SC observations could still be relevant in determining the constitutional validity of the law.

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Places of Worship Act: A timeline

1991: Places of Worship (Special Provisions) Act enacted; said “religious character” of a place of worship will remain as it was on August 15, 1947. Only exception: “Ram Janma Bhumi-Babri Masjid”. The Ayodhya agitation was raging at the time; Babri Masjid was still standing.

Oct 2020: First petition filed challenging the Act; five more filed subsequently — on grounds of arbitrariness on date, and the fact that it takes away judicial review.

Aug 2021: Five women filed suit in Varanasi seeking permission to pray at the Gyanvapi mosque.

May 2022: After case reached SC, then CJI D Y Chandrachud orally observed that a survey “may not necessarily fall foul” of the Places of Worship Act.

2022-2024: At least six suits were filed claiming past existence of a Hindu temple at the site of a mosque or dargah. Surveys were ordered in three of these cases.

Dec 2024: SC barred further survey orders, further “effective” orders, and the registering of fresh suits.

— AJOY SINHA KARPURAM