The Congress and Samajwadi Party are filing separate Supreme Court petitions to ensure the effective implementation of the Places of Worship Act, 1991, amidst existing challenges to its validity. The Act preserves the religious character of places as of August 15, 1947, except the Ayodhya dispute. Both parties emphasize its importance for communal harmony, citing its recognition in the 2019 Ayodhya verdict as part of the Constitution’s “basic structure.” The Congress has reaffirmed its commitment to the Act amid internal and external pressures, while the SP is being assisted by senior advocate Kapil Sibal in drafting its plea.
Thank you for reading this post, don't forget to subscribe!
The Congress and Samajwadi Party (SP) are planning to file separate petitions in the Supreme Court to ensure the “effective implementation” of the Places of Worship (Special Provisions) Act, 1991, according to statements made to the media.
These petitions aim to address issues around the enforcement of the Act amidst a series of existing legal challenges.
Congress sources revealed that their plea is ready and will be filed as an “impleadment application,” which seeks to add the party to ongoing court proceedings. Both petitions are expected to be linked to other cases currently under review by the Supreme Court. Some of these cases challenge the validity of the Act, while others advocate its strict enforcement.
Discussions within the INDIA bloc about submitting a joint petition did not lead to a unified action.
“Parties started doing it on their own, and hence, parties are filing the pleas on their own,”
-said a senior SP leader.
The 1991 Places of Worship Act stipulates that the “religious character” of a place of worship must remain as it was on August 15, 1947, with the sole exception being the “Ram Janma Bhumi-Babri Masjid” dispute. This law was introduced during the height of the Ayodhya movement when the Babri Masjid-Ram Janmabhoomi issue was already in court.
A senior Congress leader noted that a prominent party figure would sign their petition to the Supreme Court.
“We still haven’t zeroed down on who the signatory will be, but our application is ready. The application will request the apex court to ensure the strict implementation of the Act and will reason with the court that if the law is scrapped or changed, it will impact the social fabric of the country,”
-the leader stated.
“Our application will also quote the Supreme Court ruling of 2019 in the Ayodhya case. The application will be submitted before the court in the first half of next week,”
-the leader added.
In its 2019 Ayodhya verdict, a five-judge Constitution Bench referred to the 1991 law as a component of the “basic structure of the Constitution.” Although the law was not directly under scrutiny at the time, the court’s observations could influence its constitutional evaluation.
The SP is also working on its plea, confirmed party insiders.
“We have something in the pipeline. Senior advocate Kapil Sibal is helping us draft the application,”
-said an SP MP. Sibal, an independent Rajya Sabha MP supported by the SP, is closely involved in the process.
Meanwhile, on Thursday, the Supreme Court linked a petition by All India Majlis-e-Ittehadul Muslimeen (AIMIM) president and MP Asaduddin Owaisi to ongoing cases concerning the Act.
The legal challenges to the Act focus on two main points. Petitioners claim the law restricts judicial review by nullifying claims that existed when the law was passed and blocking new claims in courts. They also argue that selecting August 15, 1947, as the cut-off date for determining the religious character of places of worship is arbitrary.
Cross-petitions advocate strict enforcement of the law to promote communal harmony and maintain the current status of places of worship that Hindu groups claim were once temples.
Despite several petitions being filed since 2020, the Centre has yet to disclose its stance in court. In December, the Supreme Court barred civil courts from registering new cases challenging the ownership of religious places or ordering surveys until further notice. It also gave the government four weeks to submit its response, scheduling the next hearing for February 17.
The Congress has been increasingly vocal about its support for the Act. A Congress Working Committee (CWC) resolution passed on November 29 accused the BJP of “brazenly violating” the law. Another resolution, adopted in Belagavi, Karnataka, on December 26, affirmed the party’s “firm commitment in letter and spirit” to the Act, condemning the “needless and reckless debate” surrounding it.
Rahul Gandhi has also directed Congress leaders to back the Act unequivocally.
“It was Rahul Gandhi who made it clear that the party supports the law and is ready to fight in court to save it,”
-a senior Congress leader said.
The party is under pressure from Muslim leaders within its ranks and the broader community to demonstrate support for the law.
Several senior Congress leaders from the minority community have emphasized that the party’s backing of the Act is crucial for maintaining its support base among Muslim voters.
Click Here to Read Previous Reports on Places of Worship Act
FOLLOW US ON YOUTUBE FOR MORE LEGAL UPDATES
