Legal Research and Reform for Better India
Provision of Article 49 Provision of Article 49 reads as follows: 49. Protection of monuments and places and objects of national importance It shall be the obligation of the State to protect every monument or place or object of artistic or historic interests,declared by or
As it bars judicial redressal of disputes over the nature of the place of worship, it just postpones the problem of communal unrest in the country.
The conflict between the right to religion and the Places of Worship (Special Provisions) Act, 1991, in Bharat centers around the balance between preserving peace and communal harmony and upholding constitutional rights to religious freedom.
3.2 Conflict with Constitutional Provisions: Secularism and Communal Harmony: The Supreme Court, while deciding the Ayodhya dispute, made significant observations about the Act. It upheld the Act as a legislative measure to maintain secularism and communal harmony, emphasizing that “the Places of Worship Act imposes
By punishing abetment, Section 6(3) ensures that the law addresses not only direct violations but also indirect encouragements or assistances to violate or attempt to violate Section 3.
2.3.8 Section 7: Bare Act Provisions: 7. Act to override other enactments.—The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or any instrument having effect by virtue of any law other
Laws of limitation like the Limitation Act, 1963 in India, prescribe time limits for initiating legal proceedings. Once these limits are crossed, the right to challenge is often lost.
2.3.3 Section 2: Bare Act Provisions: 2. Definitions.—In this Act, unless the context otherwise requires,— (a) “commencement of this Act” means the commencement of this Act on the 11th day of July, 1991; (b) “conversion”, with its grammatical variations, includes alteration or change of whatever