The Communist Party of India (Marxist) [CPI(M)], represented by Mr. Prakash Karat, Member Politburo, has submitted an Intervention Application before the Supreme Court opposing petitions that contest the constitutional validity of the Places of Worship Act, 1991.
In its plea, the CPI(M) stated that the Act plays a pivotal role in safeguarding India's secular framework by prohibiting the alteration of the religious character of places of worship as they existed on August 15, 1947. The application further asserted that the statute is instrumental in maintaining communal harmony and averting potential conflicts stemming from historical disputes.
The CPI(M) contended that the Act upholds constitutional principles under Articles 14, 15, 21, and 25, thereby guaranteeing equality, non-discrimination, and the right to freedom of religion. It argued that any repeal or modification of the Act would jeopardize these fundamental principles. This application was filed through Advocate-on-Record (AoR) Anas Tanwir.
The matter is scheduled to be heard on December 12 by a special bench comprising Chief Justice of India (CJI) Sanjiv Khanna, Justice Sanjay Kumar, and Justice KV Viswanathan.
Referring to recent cases involving the Sambhal Mosque and Ajmer Dargah, the CPI(M) expressed concern over the "alarming proliferation of litigation challenging the religious character of various places of worship across the country, including Mosques and Dargahs." It stated that such actions are aimed at destabilizing the legislative intent and constitutional mandate of the Act. The party further emphasised that this "relentless wave of litigation threatens to undermine the principles of secularism and the rule of law, which are foundational to the basic structure of the Constitution."
The lead petition, Ashwini Kumar Upadhyay v. Union of India, was initiated in 2020, leading the Supreme Court to issue notice to the Union Government in March 2021. Subsequently, other similar petitions, including Vishwa Bhadra Pujari Purohit Mahasangh v. Union of India and Dr. Subhramanian Swamy and Others v. Union of India, were filed, challenging the Act’s provisions that preserve the status quo of religious structures as they existed on August 15, 1947, and bar legal proceedings for their conversion.
Despite multiple extensions granted by the Court, the Union Government has not yet filed its counter-affidavit. Most recently, the Court directed the Union to file the counter by October 31, 2023. In a related development, the Managing Committee of the Gyanvapi Mosque has also filed an intervention before the Supreme Court in support of the Act’s validity. It emphasized that declaring the Act unconstitutional would have "drastic" consequences.
Case Details: Ashwini Kumar Upadhyay v. Union of India., W.P. (C) No. 1246.2020 & Vishwa Bhadra Pujari Purohit Mahasangh v. UOI, W.P. (C) No.559/2020 and Dr. Subhramanian Swamy And Ors v. UOI., W.P. (C) No.619/2020
