The Union government has yet to submit its counter affidavit to a series of petitions challenging the Places of Worship (Special Provisions) Act, 1991, even as the Supreme Court is scheduled to hear the matter on Monday, February 17, raising concerns over delays in the legal proceedings.
The Act, which was enacted to preserve the religious character of places of worship as they stood on August 15, 1947, prohibits any lawsuits seeking to reclaim such sites or alter their religious identity.
Meanwhile, Samajwadi Party MP Iqra Choudhary has approached the Supreme Court, demanding that the Places of Worship Act be implemented “in letter and spirit.” The Supreme Court, while hearing her plea, tagged the case to connected petitions, with Chief Justice Khanna verbally questioning the increasing number of new petitions.
Choudhary argued in her writ petition that repeated lawsuits targeting Muslim places of worship and subsequent court-ordered surveys risked fueling communal tensions and undermining India’s secular framework. She further contended that the definition of “ancient monuments” under the Ancient Monuments and Archaeological Sites and Remains Act, 1958, does not automatically apply to all places of worship, unless explicitly stated in the Act.
According to the causelist published on the Supreme Court's website, a bench comprising Chief Justice of India Sanjiv Khanna, along with Justices Sanjay Kumar and K.V. Viswanathan, will continue hearing the petitions challenging the validity of the Act, with the government’s response still pending.
The Committee of Management of Mathura’s Shahi Masjid Eidgah has filed an application before the Supreme Court, arguing that the Union government has been deliberately delaying its response, which in turn affects those opposing the petitions as they cannot file their written submissions without clarity on the Centre’s stand.
In its application filed on January 21, the mosque committee pointed out that the Supreme Court had noted in an order on December 12, 2024, that the government had failed to submit its response despite having over three years to do so, and it had granted a four-week deadline for a common counter affidavit. The committee contended that since the court has already fixed the hearing for February 17, the government’s right to file its affidavit should be closed in the interest of justice.
The legal challenge against the Places of Worship Act dates back to March 2021, when a bench led by then Chief Justice S.A. Bobde sought the Centre’s response to a plea filed by advocate Ashwini Upadhyay, which questioned the validity of specific provisions of the law.
The petition argued that the Act was enacted under the pretext of ‘public order,’ which falls under the state list, and that it violated Article 13(2) of the Constitution by restricting the fundamental rights of Hindus, Jains, Buddhists, and Sikhs to reclaim their places of worship. Additionally, the plea asserted that the Act was arbitrary as it excluded the birthplace of Lord Rama but included the birthplace of Lord Krishna, despite both being incarnations of Lord Vishnu.
In an interim order issued on December 12, 2024, the Supreme Court directed that no new cases under the Act be registered and that no final or effective orders be passed in pending cases until further notice. The case remains significant as it could determine the future of religious disputes and the preservation of the historical status quo of places of worship in India.