The Supreme Court of India on April 1, 2025, refused to entertain a fresh plea challenging the constitutional validity of the Places of Worship (Special Provisions) Act, 1991, making it clear that it would not permit repeated proceedings concerning the same issue. The plea, filed by law student Nitin Upadhyay, had sought to challenge Section 4(2) of the Act, which bars any proceedings to change the religious character of a place of worship, maintaining that the religious character should remain as it was on August 15, 1947.

Background of the Plea

Nitin Upadhyay's petition questioned the constitutionality of the provision that prohibits any changes to the religious character of a place of worship and prevents the filing of new cases for the same purpose. The law also keeps the Ram Janmabhoomi-Babri Masjid dispute outside the purview of the Act. In his plea, Upadhyay argued that the law did not preclude scientific or documentary surveys to ascertain the religious character of a place of worship, implying that such measures could still be used to verify the original character of these sites.

Supreme Court's Ruling

The Supreme Court bench, comprising Chief Justice of India (CJI) Sanjiv Khanna and Justice Sanjay Kumar, observed that this was essentially a reiteration of the previous petitions and stated, "Stop filing petitions and applications." The bench dismissed the fresh petition but granted Upadhyay the liberty to submit an application within the existing batch of cases already under review by the Court regarding the constitutional validity of the Act.

In February 2025, the Court had expressed displeasure over the filing of multiple pleas concerning the Act and had stated that a three-judge bench would hear the pending cases in April. Some petitioners had been granted permission to intervene in these cases by citing new legal grounds, but the Court had made it clear that the issue should not be re-litigated multiple times.

The Controversial Section 4(2)

Section 4(2) of the Places of Worship Act, 1991 is a central point of contention. It mandates that the religious character of a place of worship should remain unchanged as it existed on August 15, 1947. This provision effectively prevents any legal action aimed at altering the religious character of any religious site in India, except for those relating to the Ram Janmabhoomi-Babri Masjid dispute. The Act aims to promote harmony by preventing disputes over religious conversions of places of worship, especially those that may cause communal tensions.

Court's Stance on Repeated Petitions

The Supreme Court made it clear that it would not allow any new petitions to be filed on the same issue repeatedly. It observed that many petitions had already been filed, and the legal issues concerning the Places of Worship Act were already being reviewed in existing proceedings. The Court warned petitioners to avoid the practice of filing repetitive petitions and applications on the matter.

Impact on Pending Cases and Legal Proceedings

The Court's ruling has significant implications for the 18 pending lawsuits filed by various Hindu groups, including petitions seeking surveys to ascertain the religious character of certain mosques, such as the Gyanvapi Masjid in Varanasi, the Shahi Idgah Masjid in Mathura, and others. In December 2024, the Supreme Court had effectively stalled proceedings in these cases, preventing any further legal action until the main issue concerning the Places of Worship Act was resolved.

While some petitioners have been allowed to intervene in these ongoing cases, the Court's decision marks a clear stance against further legal challenges regarding the Act, urging parties to focus on the existing legal channels.

Conclusion

The Supreme Court’s refusal to entertain fresh petitions against the Places of Worship Act, 1991 sends a strong message about judicial efficiency and the importance of resolving legal disputes through established proceedings. The Act, which seeks to maintain the status quo of religious sites as they were on August 15, 1947, remains a controversial issue, particularly in the context of historical religious disputes. However, with this latest ruling, the Court has effectively closed the door on repeated attempts to challenge the Act and has directed parties to focus on the ongoing cases already under review.

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