Today, the Hon'ble Supreme Court of India agrees to hear a batch of PILs challenging the validity of certain provisions of a 1991 law that prohibits the filing of a lawsuit to reclaim a place of worship or seek a change in its character from what prevailed on August 15, 1947. A bench headed by Chief Justice of India, DY Chandrachud and Justices PS Narasimha and J B Pardiwala on Monday took note that the matters, which are listed for hearing on April 5 in the cause list, be not deleted from the list of business on that day.

The bench ordered "It will not be deleted on that day," 

Earlier, the Supreme Court had asked the central government to file its reply to the PILs against some provisions of the Places of Worship (Special Provisions) Act, 1991, and had granted it time till the end of February to submit its response.

The Court has listed for hearing on April 5 as many as six petitions, including one filed by former Rajya Sabha MP Subramanian Swamy, against the provisions of the law.

Earlier, last year in November Solicitor General Tushar Mehta, appearing for the Centre submitted that a comprehensive affidavit will be filed by the government dealing with various facets of the case and sought some more time to ensure that the affidavit is filed after due deliberation at various levels of the government.

Case Brief-

In the said matter, the Supreme Court was hearing a number of pleas and prayed that sections 2, 3, and 4 of the Places of Worship (Special Provisions) Act, 1991, be set aside on grounds, including that these provisions take away the right of judicial remedy to reclaim a place of worship of any person or a religious group.

Last year, in September, the Court held that the pleas challenging the validity of certain provisions of the 1991 law can be referred to a five-judge Constitution bench for adjudication and asked the Centre to file a reply.

The top court had on March 12 last year sought the Centre's response to the plea filed by Upadhyay challenging the validity of certain provisions of the law which provides for maintaining the status quo on the ownership and character of religious places as on August 15, 1947. The petition alleged that the 1991 law creates an "arbitrary and irrational retrospective cut-off date" of August 15, 1947, for maintaining the character of the places of worship or pilgrimage against encroachment done by "fundamentalist-barbaric invaders and law-breakers".

The 1991 law prohibits conversion of any place of worship and provides for the maintenance of the religious character of any place of worship as it existed on August 15, 1947, and for matters connected therewith or incidental thereto.

The law had made only one exception -- on the dispute pertaining to the Ram Janmabhoomi-Babri Masjid in Ayodhya. 

The next date of the hearing is on 5th April, 2023