In an ongoing debate on secularism in India, four law students have filed a Public Interest Litigation (PIL) in the Bombay High Court, challenging the Maharashtra government’s decision to declare January 22, 2024, as a public holiday for the consecration of the Ram Mandir in Ayodhya. The PIL, filed by students from MNLU, Mumbai, GLC, and NIRMA law school, has led to the constitution of a special bench comprising Justices GS Kulkarni and Neela Gokhale to hear the matter.
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The petitioners, Shivangi Agarwal, Satyajeet Siddharth Salve, Vedant Gaurav Agrawal, and Khushi Sandeep Bangia, represented by Talekar and Associates, argue that the state’s decision to celebrate a religious event is a direct violation of the secular principles enshrined in the Indian Constitution. They assert,
“An act of the Government in celebrating and openly participating in the consecration of a Hindu temple thereby associating with a particular religion is nothing but a direct attack on the principles of secularism.”
Citing the landmark judgment of S.R. Bommai v. Union of India, the petition emphasizes the Supreme Court’s stance that secularism is a basic feature of the Constitution.
“The Hon’ble Supreme Court in S.R. Bommai v. Union of India has held that any State Government which pursues an unsecular course, contrary to the constitutional mandate, renders itself amenable to action under Article 356 of the Constitution that subjects them to dismissal,”
the petition highlights.
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The petitioners also suggest political motives behind the notification, linking it to the 2024 parliamentary elections. They note,
“It is not just a mere coincidence that the consecration is scheduled just prior to the 2024 Parliamentary elections.”
The petition further points out the Supreme Court’s directive for the construction of a mosque on separate land allotted to the Sunni Waqf Board, contrasting it with the delayed commencement of the mosque’s construction.
Furthermore, the petition challenges the Maharashtra government’s jurisdiction under Section 25 of the Negotiable Instruments Act, arguing that only the central government has the power to declare public holidays. The petitioners contend,
“Any policy regarding declaration of public holidays cannot be at the whims and fancies of the political party in power. Holiday can be declared perhaps to commemorate a patriotic personality or historic figure but not to celebrate consecration of Ram lalla to appease a particular section of the society or religious community.”
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