Supreme Court Constitutes Special Bench to Hear Challenges to Places of Worship Act

Supreme Court Constitutes Special Bench to Hear Challenges to Places of Worship Act

Chief Justice of India has constituted a special bench to hear petitions challenging the constitutional validity of the Places of Worship (Special Provisions) Act of 1991. This Act bars the alteration of the religious character of any place of worship as of August 15, 1947, excepting the Ram Janmabhoomi-Babri Masjid dispute.Background of the Act: The Places of Worship Act, 1991 was enacted with the objective of preserving communal harmony and furthering secularism by freezing the status of places of worship existing at the time of India's independence. Therefore, the law criminalizes any effort to convert, alter or recharacterize such a place. However, this law has been questioned under various grounds, such as alleged violation of the Constitution's right to equality, freedom of religion, and the right to judicial remedies.Selective Exclusion The exclusion of the Ram Janmabhoomi-Babri Masjid controversy has been characterized as a contradiction in the very principle of the Act. Judicial Oversight: Petitioners argue that the prohibition from trying disputes relating to places of worship violates judicial review. Special Bench Structure and Schedule The three-member special bench- Chief Justice Chandrachud, along with Justices P.S. Narasimha and J.B. Pardiwala-will consider these very essential constitutional questions. In fact, the Court had even issued a notice to the Union Government to file their reply. This, too, would play a vital role in the deliberation of the case. Ramifications of the Case The ruling holds deep implications for secular and communal harmony in India. If the Act remains undisturbed, it strengthens preservation of the status quo around places of worship and makes an assertion by the State toward its commitment to maintaining peaceful harmony.

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