Places of Worship Act: Supreme Court refuses to entertain fresh petition challenging validity

During a hearing in February, the Supreme Court expressed concern over the rising number of intervention applications.

The Supreme Court on Tuesday refused to hear a separate plea that challenged the constitutional validity of the Places of Worship Act, 1991, which prohibits altering the religious character of places of worship as they existed on August 15, 1947.

A bench comprising Chief Justice of India Sanjiv Khanna and Justice Sanjay Kumar noted that the new petition bore no significant difference from the existing batch of cases already under judicial scrutiny. The court stated, "It would be open for the petitioner to file an application in the case already pending if there are new grounds."

The top court grants liberty to the petitioner to file an application in the pending challenge to the Act. During a hearing this February, the Supreme Court had expressed concern over the rising number of intervention applications.

As per the 1991 Act, the religious character of a place of worship must be maintained as it was on August 15, 1947, barring any changes. Enacted under the PV Narasimha Rao government, it was introduced during the Ayodhya Ram Mandir movement. It had exempted only the Babri Masjid-Ram Janmabhoomi dispute, which was already in litigation before the mosque’s demolition in 1992.

The law has been challenged in the apex court by various petitioners, including BJP leader Ashwini Kumar Upadhyay and former MP Subramanian Swamy, who seek its annulment or modification.

On December 12, 2024, the Supreme Court had issued an interim order restraining courts across India from registering fresh suits or ordering surveys concerning the religious character of existing religious structures. This stay directly impacted cases related to the Gyanvapi Mosque, Krishna Janmabhoomi-Shahi Idgah, Sambhal Jama Masjid, Bhojshala, and Ajmer Sharif Dargah disputes.