Ex-CJI Chandrachud Clarifies Courtroom Remarks on Places of Worship Act
Former Chief Justice of India (CJI) Dhananjaya Y Chandrachud has clarified that his 2022 courtroom observations on the Places of Worship Act, 1991, were not judicial determinations but part of the broader judicial dialogue. Speaking at the India Economic Conclave 2024, organized by Times Network, he explained that such remarks are situational and should not be misconstrued as reflective of the court's final stance.
“Courtroom discussions are part of a dialogue to elicit truth and legal clarity,” he said. “Observations made during hearings do not carry binding or precedential value unless they are part of the final judgment.”
Justice Chandrachud’s remarks referred to a May 2022 hearing concerning the Gyanvapi mosque dispute in Varanasi. The case gained national attention after a survey reportedly uncovered a structure resembling a shivling within the mosque premises, prompting Hindu parties to claim a right to worship there. During those proceedings, a bench led by Justice Chandrachud allowed the survey to continue and noted that while the Places of Worship Act protects the religious character of places as of August 15, 1947, it does not preclude determining the current religious character of a site. This observation sparked significant debate and spurred litigation over other contested religious sites.
At the conclave, Justice Chandrachud refrained from commenting on the constitutionality of the 1991 Act, citing its pendency before the Supreme Court. He underscored that judicial remarks during hearings serve to probe legal arguments and must be understood as provisional.
Recently, a bench headed by current CJI Sanjiv Khanna issued an interim order halting the registration of new suits over disputed religious structures. The bench also directed trial courts to refrain from acting on survey reports or interim orders related to such disputes until the Supreme Court delivers its verdict on the Act’s constitutionality.
Justice Chandrachud also reflected on the 2019 Ayodhya title dispute judgment, delivered by a five-judge Constitution Bench, including himself. That judgment upheld the Places of Worship Act as critical to preserving India’s secular fabric, describing it as a legislative measure integral to the Constitution’s basic structure.
The former CJI’s clarifications come amid heightened scrutiny of religious disputes and their implications for the Act, which remains central to protecting the pluralistic ethos of the nation.
