Places of Worship Act 1991: Why the Supreme Court upheld its constitutionality

Section 3 of the Act declares that the religious character of a place of worship as it existed on Independence Day cannot be changed. Section 4 bars courts from entertaining suits to change that character. Section 5 exempted the Ram Janmabhoomi-Babri Masjid site, which was already under litigation when the Act was passed.

The Act was challenged by petitioners who argued it froze a historical wrong — that if a temple was demolished centuries ago and a mosque built in its place, the Act prevents Hindus from reclaiming it. The Court's answer: that is precisely what the Act is designed to do.

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What the Court held

Issue	Ruling
Does the Act violate Article 25?	No. Article 25 is subject to public order. Reopening centuries-old religious disputes would threaten public order. The Act is a reasonable restriction
Does the Act violate secularism (Basic Structure)?	No. The Act enforces secularism by freezing the religious status quo as of Independence. Constitutional secularism is about maintaining neutrality going forward, not correcting historical wrongs
Is Section 4's bar on court jurisdiction valid?	Yes. Parliament can exclude court jurisdiction in specific matters. Section 4 is limited to changing the religious character of places of worship. Disputes about management, access, and rituals can still be litigated
What about Gyanvapi and Krishna Janmabhoomi?	The Court did not dismiss these pending cases. It held that the Act applies to them but left it to the respective High Courts to determine maintainability

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The dissent

Justice Sanjay Kishan Kaul, in his last major judgment before retirement, dissented. He held that Section 4's bar on court jurisdiction denies citizens access to justice under Article 21. Courts have adjudicated religious disputes throughout Indian history. Parliament cannot remove this power from the judiciary.

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Prelims trap

The cut-off date is August 15, 1947 — not 1950, not the commencement of the Constitution. The Ram Janmabhoomi site is exempted under Section 5. Section 4 bars only suits to change religious character — other disputes can still be litigated.

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Part of: Supreme Court Judgments: October to December 2025

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