It Was An Observation, Not Final Verdict: Justice Chandrachud On “Ascertainment Of Religious Character” Observation

While participating in a conversation with Times Now’s Navika Kumar in Delhi during the ‘India Economic Conclave’, former Chief Justice of India DY Chandrachud made a clarification on the observation he made while a hearing case related to the Places of Worship Act. Justice Chandrachud said his observation that “the Places of Worship Act does not bar ascertainment of religious character” was part of a discussion in the Supreme Court hearing and the same cannot be regarded as a final verdict on the matter.

Justice Chandrachud’s observation had made headlines and later all discussions and lawsuits related to the Places of Worship Act mentioned this, with many arguing that the recent developments in relation with the act is “Justice Chandrachud’s legacy”. The observation by Justice Chandrachud meant that the Places of Worship Act does not prevent or forbid investigating or determining the religious identity or nature of a particular place of worship. For example, it allows inquiries into whether a specific site is a temple, mosque, church, or other religious structure, even though the Act protects the status of places of worship as they were on August 15, 1947.

The Act’s primary aim is to maintain the status quo of religious sites and prevent disputes, but the observation suggested that the Act it does not stop someone from examining or establishing the historical or religious nature of a site.

“Any discussion in the court has to be understood in the context of a dialogue in the court. Questions are posed to lawyers to elicit the truth. Sometimes judges play a devil’s advocate to tell the lawyer a contradictory position. These are instruments to elicit to truth. To say that an observation or a dialogue in the court is reflective of the position the Court would ultimately take would be doing a disservice to the nature of dialogue in the court, ” Justice Chandrachud told Navika Kumar.

“Unless the last word of the Court is printed in the judgment, whatever said by the Court is just an observation for that moment. It has no precedential value. It cannot be used in any future proceedings,” Justice Chandrachud added.

On May 20, 2022, the Supreme Court observed that determining the religious character of a place of worship is not prohibited under the Places of Worship Act, 1991. A bench comprising Justices DY Chandrachud, Surya Kant, and PS Narasimha clarified this during a hearing on the Gyanvapi mosque dispute, referencing the court’s 2019 Ayodhya verdict.

“We have dealt with the provisions in our Ayodhya verdict. The ascertainment of the religious character of the place of worship is not expressly barred,” the bench said and also clarified then that it is not its opinion but is in dialogue with the parties. Justice Chandrachud, who made the observation, was also part of the five-judge bench that delivered its verdict on the Ayodhya dispute in 2019.

Justice Chandrachud then noted that Section 3 of the Act does not explicitly bar the ascertainment of a site’s religious character, though this observation was part of a dialogue with the parties rather than a definitive ruling. He highlighted India’s history of religious coexistence, citing examples of hybrid religious sites, where different faith elements coexist within the same complex, and emphasised that such features do not alter the fundamental religious character of a place.

The bench refrained from commenting on whether the lower court exceeded its authority by ordering a survey of the mosque area, stating these procedural issues would be addressed later.

The hearing concerned a plea by the Gyanvapi mosque management challenging the Allahabad High Court’s refusal to stay a civil court order appointing a commissioner to survey the site. The matter remains under consideration.

The Supreme Court, on Thursday, while hearing a set of petitions, has barred civil courts nationwide from registering new suits challenging ownership of places of worship or ordering surveys of disputed sites until further notice. A three-judge bench, led by Chief Justice Sanjiv Khanna, stated that while suits may be filed, no registration or proceedings will occur, and no interim or final orders, including survey directives, will be passed until further orders.

Hearing on the Places of Worship Act, 1991, will continue on February 17, 2025 in the Supreme Court.

The Act, enacted during the Ram temple movement, protects the status of religious sites as they stood on August 15, 1947.