In a significant development, four law students hailing from various law colleges have approached the Bombay High Court to challenge the decision of the Maharashtra government to declare a public holiday on January 22, coinciding with the Pran Pratishtha (inauguration) of the Ram Mandir in Ayodhya.
The petitioners, namely Shivangi Agarwal, Satyajeet Salve, Vedant Agrawal, and Khushi Bangia, currently pursuing law courses in Maharashtra National Law University (MNLU), Government Law College (GLC) Mumbai, and NIRMA Law University Gujarat, respectively, have sought the quashing of the notification issued by the Maharashtra government on January 19.
The crux of the petition lies in the argument that the state's decision to declare a public holiday for a religious event raises constitutional concerns. The petitioners contend that such a decision should not be based on the "whims and fancies" of the political party in power, emphasizing that public holidays are traditionally declared to commemorate patriotic personalities or historic figures rather than religious events.
The petition asserts that the Maharashtra government's notification represents an unconstitutional expenditure of government resources for religious purposes. It challenges the notion that public funds should be utilized to celebrate the consecration of Ram lalla to appease a particular section of society or a religious community. According to the petitioners, this goes against the principles of secularism enshrined in the Indian Constitution.
The petitioners argue that the declared public holiday could have adverse effects, leading to a loss of education, financial setbacks, and disruptions in governance and public work. With schools, banks, and government offices closed, they contend that such decisions should be made with careful consideration of the potential repercussions on various sectors.
Notably, the petitioners have also challenged the validity of the 1968 notification issued by the Union Ministry of Home Affairs, which empowers states to declare public holidays under the Negotiable Instruments Act. They question the constitutionality of such empowerment, particularly when exercised for religious purposes without clear legislative guidelines.
Case: Shivangi Agarwal & Ors vs UOI & Anr.
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