Politics
Places of Worship Act put to test as Gyanvapi mosque case goes to Supreme Court

The three-page legislation — The Places of Worship Act, 1991 — is at the centre of the row over videographic survey carried out at the Gyanvapi mosque in Varanasi, where a Shivling was purportedly discovered.
The law has been invoked by the Committee of Management, Anjuman Intezamia Masajid Varanasi, which manages the Gyanvapi mosque, before the Supreme Court, saying mischievous attempts were being made to change the character of the mosque, which existed for 500 years.
In the Ayodhya judgment, the Supreme Court had said that the Act is intrinsically related to the obligations of a secular state and it reflects the commitment of India to equality of all religions.
However, in the Gyanvapi mosque matter, the Act will be put to legal scrutiny and face a test, in view of the ethos of secularism.
A bench comprising Justices D.Y. Chandrachud, Surya Kant, and P.S. Narasimha observed that the survey of a structure to ascertain its religious nature is not barred under the Act.
The committee moved the top court under Order 7, Rule 11 of the Civil Procedure Code against the maintainability of the suit, filed by five Hindu women seeking enforcement of their right to worship Goddess Shringar Gauri and other deities inside the mosque.
The masjid committee has also questioned the appointment of a commissioner for the video survey of the mosque, as it was barred under the Places of Worship (Special Provisions) Act, 1991, and pointed at the fallout of entertaining a suit in gross violation of the provisions of the 1991 Act.
The counsel representing the masjid committee argued in the apex court that similar mischief is being attempted in connection with four-five other mosques and objected to the trial court order to protect an area which had been used for the last 500 years by Muslims as ‘wuzu khana’ (ablution pond).
The Places of Worship Act, 1991 had its own share of controversies. The then Union Home Minister, S.B. Chavan, while moving the Bill in the Lok Sabha had said that it is a measure to provide and develop our glorious traditions of love, peace and harmony.
However, the BJP, then main Opposition party, had opposed the Bill tooth and nail, and termed it as another attempt by the Congress government to appease the minorities.
The Central government notified the Act to forestall fresh claims by any community about the previous designation of any religious place of worship and also subsequent attempts to regain land, on which they stood.
The Places of Worship Act, 1991 begins by saying, “An Act to prohibit conversion of any place of worship and to provide for the maintenance of the religious character of any place of worship as it existed on the 15th day of August, 1947, and for matters connected therewith or incidental thereto.”
Section 4 of the Act says, “It is hereby declared that the religious character of a place of worship existing on the 15th day of August, 1947 shall continue to be the same as it existed on that day.”
The Section 4(2) of the Act says any suit, appeal or other proceeding with respect to the conversion of the religious character of any place of worship, existing on August 15, 1947, is pending before any court, tribunal or other authority, the same should abate, and no fresh suit or legal proceedings would be instituted.
And, the proviso to this section clarifies that only those litigations are allowed, where conversion has taken place in the religious character after August 15, 1947. The offence under the Act is punishable with imprisonment for a term which may extend to three years and also a monetary penalty.
According to the Act, if a person attempts to convert any place of worship, or is part of a conspiracy, she/he can face a jail term.
The Act has put the Ram Janmabhoomi-Babri Masjid dispute outside its domain of operation. However, the Supreme Court in its Ayodhya judgment cited its importance. In November 2019, the Supreme Court ruled in favour of the Hindu side paving the way for the construction of Ram temple in Ayodhya.
The apex court had then said The Places of Worship Act is intrinsically related to the obligations of a secular state and it reflects the commitment of India to the equality of all religions.
“Above all, The Places of Worship Act is an affirmation of the solemn duty which was cast upon the state to preserve and protect the equality of all faiths as an essential constitutional value, a norm which has the status of being a basic feature of the Constitution. There is a purpose underlying the enactment of The Places of Worship Act. The law speaks to our history and to the future of the nation,” the top court had said.
The five-judge bench had said: “Historical wrongs cannot be remedied by the people taking the law in their own hands. In preserving the character of places of public worship, the Parliament has mandated in no uncertain terms that history and its wrongs shall not be used as instruments to oppress the present and the future.”
The apex court had said The Places of Worship Act imposes a non-derogable obligation towards enforcing “our commitment to secularism under the Indian Constitution and the law is hence a legislative instrument designed to protect the secular features of the Indian polity, which is one of the basic features of the Constitution”.
“Non-retrogression is a foundational feature of the fundamental constitutional principles of which secularism is a core component. The Places of Worship Act is thus a legislative intervention which preserves non-retrogression as an essential feature of our secular values,” it had said.
On May 20, 2022, the top court noted that ascertaining the religious character of a place of worship through a procedure known to the law, will not fall foul of The Places of Worship Act, 1991. The top court has shifted the trial of the suit by the Hindu parties from civil judge, senior division, to the district judge.
The top court said its May 17 interim order — protecting the ‘Shivling’, purportedly discovered during the survey, and free access to Muslims for ‘namaz’ — will remain operational for eight weeks, after the district judge’s decision in the matter, so as to allow the aggrieved parties to appeal against the decision.
The Supreme Court has scheduled the Gyanvapi case for hearing in July.
National
Bengal school jobs case: SC upholds cancellation of over 25K appointments, modifies Calcutta HC directions

New Delhi, April 3: The Supreme Court on Thursday upheld the Calcutta High Court’s order cancelling 25,753 appointments in teaching and non-teaching posts made by the West Bengal School Service Commission (WBSSC) in 2016.
Disposing a batch of petitions, including the West Bengal government’s appeal, a Bench of Chief Justice of India (CJI) Sanjiv Khanna and Justice Sanjay Kumar made certain modifications in the directions issued by the Calcutta High Court.
“The credibility and legitimacy of the selection procedure is denuded. Accordingly, we have proceeded to made some modifications in the directions issued by the Calcutta HC,” the apex court said.
It added that the challenge to the CBI probe into the creation of super-numeric posts by the West Bengal government will be listed for hearing on April 4.
On May 7, 2024, a Bench headed by then CJI D.Y. Chandrachud stayed the operation of the impugned order passed by the Calcutta High Court cancelling school jobs.
The then CJI Chandrachud-led Bench had allowed the Central Bureau of Investigation (CBI) to continue with its investigation into the alleged scam but restricted the agency from taking any coercive action against the candidates or officials.
In an order passed in the third week of April 2024, the Calcutta High Court nullified the appointment of the candidates selected from the expired panels and asked them to return the entire salary drawn during their tenures, along with an annualised interest of 12 per cent, within the next four weeks.
Besides directing the WBSSC to initiate the recruitment process afresh, a Division Bench of Justices Debangsu Basak and Shabbar Rashidi of the Calcutta HC also directed the probe agency to carry on with its investigation into the matter.
Taking cognisance of the state Cabinet’s decision for the creation of super-numeric posts, it had said that the CBI, if necessary, can question the masterminds behind the creation of the seats in excess of the vacant posts.
These super-numeric posts, which have remained under the cloud since the beginning, are perceived to provide room for ineligible candidates recruited illegally.
In July 2023, the apex court had set aside an interim direction passed by the Calcutta High Court terminating the service of 32,000 primary teachers and asking the West Bengal authorities to complete the recruitment process for the newly-created vacancies within three months.
Asking the Calcutta High Court to decide the appeal pertaining to the school-jobs-for-cash scam at the earliest, the Supreme Court had stressed that the opportunity for a hearing has to be given to all concerned.
National
BJP leader Amit Malviya explains key insertions in Waqf Bill

New Delhi, April 3: BJP leader Amit Malviya has elaborated on the implications of key insertions in the Waqf Amendment Bill, highlighting major changes aimed at protecting historical monuments and tribal land rights.
Taking to the social media platform X, Malviya shared a detailed explanation of the amendments.
“One of the significant insertions in the bill, Clause 3D, states: Any declaration or notification issued under this Act or under any previous Act in respect of waqf properties shall be void, if such property was a protected monument or protected area under the Ancient Monuments Preservation Act, 1904 or the Ancient Monuments and Archaeological Sites and Remains Act, 1958, at the time of such declaration or notification,” he wrote on X.
Explaining its impact, Malviya stated that ASI-protected monuments have now been excluded from the Waqf’s ambit.
He emphasised that since the Archaeological Survey of India (ASI) is merely a custodian, protected properties may not necessarily be government assets.
“Another key amendment, Clause 3E, reads: “Notwithstanding anything contained in this Act or any other law for the time being in force, no land belonging to members of Scheduled Tribes under the provisions of the Fifth Schedule or the Sixth Schedule to the Constitution shall be declared or deemed to be waqf property,” he said.
Malviya highlighted that this provision ensures the exclusion of tribal land from Waqf’s jurisdiction, thereby protecting the interests of tribal communities and preventing land encroachment.
He noted that this issue has been particularly pressing in states like Jharkhand and other tribal-dominated regions.
“This is a major step in protecting Tribal rights, benefiting Bengal’s Tribals and many others,” Malviya remarked.
The amendments in the Waqf Act have sparked discussions across political and social circles, with proponents asserting that they safeguard historical heritage and tribal communities.
Earlier, addressing the Lok Sabha on Wednesday, Union Home Minister Amit Shah, asserted that misconceptions about the Waqf (Amendment) Bill were being deliberately spread by certain parties to bolster their vote banks.
He said that the proposed legislation was in line with fulfilling the wishes of RJD chief Lalu Prasad, something the opposition had failed to do.
The Home Minister explained that the new law might not have been necessary had the Waqf (Amendment) Act of 2013, passed under the Congress-led UPA II government, not been rushed through just months before the 2014 Lok Sabha elections.
At that time, Lalu Prasad, whose party had been part of the ruling coalition before withdrawing and later offering support, had raised concerns about the state of Waqf properties.
Quoting Lalu Prasad, HM Amit Shah said: “We welcome the amendment bill presented by the government. I support the statements made by (BJP’s) Shahnawaz Hussain and others. Most of the land has been grabbed, be it government-owned or otherwise. People in the Waqf Board have sold all the prime land. In Patna, apartments have been constructed on Dak Bungalow property. There has been a lot of loot like this.”
The Home Minister also reiterated that the Waqf (Amendment) Bill, 2025, was not aimed at any particular religion and that the Congress and other opposition parties were spreading misinformation about the bill to serve their vote-bank politics.
National
After LS nod, Waqf Bill to be presented in Rajya Sabha today

New Delhi, April 3: After the Lok Sabha passed the Waqf (Amendment) Bill, 2025, it will be tabled by the government in the Rajya Sabha on Thursday.
The Lok Sabha intensely discussed the bill for more than 12 hours, which began at Wednesday noon and continued till the early hours of Thursday. The Waqf Bill was passed with 288 votes in favour and 232 against.
Apart from the Waqf bill passage, a resolution was adopted by the Lower House confirming the President’s Rule in Manipur.
As per the Business List for Thursday, Union Home Minister Amit Shah will move in the Rajya Sabha the Statutory Resolution confirming the imposition of President’s Rule in Manipur.
HM Shah will “move the following Resolution – that this House approves the Proclamation issued by the President on the 13th February 2025 under Article 356(1) of the Constitution in relation to the State of Manipur.”
The Lok Sabha early Thursday passed the Statutory Resolution confirming the imposition of President’s Rule in Manipur. Even though members across party lines supported the decision, some opposition members slammed the Centre for the situation in Manipur. HM Shah said that the government has taken every possible measure to bring back normalcy in the restive Northeastern state.
Minister Dr Chandra Sekhar Pemmasani will lay a statement regarding the withdrawal of funds from the Contingency Fund of India for servicing Interest on Sovereign Guarantee Bonds (SGBs) raised by Mahanagar Telephone Nigam Limited (MTNL).
In the Lok Sabha, the Coastal Shipping Bill, 2024, will be put up by Minister Sarbananda Sonowal for consideration and passing. The motion was moved by Sonowal on April 1, namely – “That the Bill to consolidate and amend the law relating to regulation of coastal shipping, promote coasting trade and encourage domestic participation therein, to ensure that India is equipped with a coastal fleet, owned and operated by the citizens of India for its national security and commercial needs, and for matters connected therewith or incidental thereto, be taken into consideration.”
Minister Rammohan Naidu Kinjarapu will move The Protection of Interests In Aircraft Objects Bill, 2025, for consideration and passing. The Bill seeks to “provide for protection of interests in aircraft objects and to implement the Convention on International Interests in Mobile Equipment and the Protocol to the Convention on International Interests in Mobile Equipment on Matters Specific to Aircraft Equipment, each signed at Cape Town on 16th November, 2001.”
Minister Manohar Lal Khattar will make a statement in the Lower House regarding “the status of implementation of the recommendations contained in the 10th Report of the Standing Committee on Housing and Urban Affairs on PM Street Vendor’s AtmaNirbhar Nidhi (PM SVANidhi) pertaining to the Ministry of Housing and Urban Affairs”.
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