पूजा स्थल (विशेष प्रावधान) अधिनियम, 1991: मूल संवैधानिक ढांचे के विरुद्ध

पूजा स्थल (विशेष प्रावधान) अधिनियम, 1991: मूल संवैधानिक ढांचे के विरुद्ध

सर्वोच्च न्यायालय ने ऐतिहासिक और पुरातात्विक सबूतों के आधार पर राम जन्मभूमि का फैसला दिया। पूजा स्थल अधिनियम अन्य मामलों में ऐसे सबूतों की जाँच को रोकता है, जो संवैधानिक सिद्धांतों के खिलाफ है।

Boundaries of Public Welfare versus Heritage Preservation in India: Pataleshwar Caves Pune Case Part 2

Boundaries of Public Welfare versus Heritage Preservation in India: Pataleshwar Caves Pune Case Part 2

The most critical point was the interpretation of Section 2(dc) of the Act. The court reasoned that the grade separator, which is an underpass set up to obviate traffic congestion and air pollution, constitutes a "facility for the public or a convenience for the public at large." Since the statutory definition of "construction" in Section 2(dc) specifically excludes the provision of facilities of this nature for the public, the PMC's work could not be regarded as prohibited construction under the Act.

Boundaries of Public Welfare versus Heritage Preservation in India: Pataleshwar Caves Pune Case Part 1

Boundaries of Public Welfare versus Heritage Preservation in India: Pataleshwar Caves Pune Case Part 1

The NMA called upon Deccan College Pune to furnish an Archaeological and Heritage related impact assessment report along with proposed mitigating measures. PMC made a presentation to the NMA on April 25, 2013, and subsequently provided clarifications on May 7, 2013, to address the observations made by the Authority members.

Conflict with Constitutional Provisions

Conflict with Constitutional Provisions

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 a non-derogable obligation towards enforcing our commitment to secularism under […]

Ancient Monuments and Archaeological Sites and Remains Act, 1958

Conflict Between the Rights and the Places of Worship (Special Provisions) Act. 1991

Chapter III: Conflicts and Criticisms: 3.1 Conflict Between the Rights and the Places of Worship (Special Provisions) Act. 1991: 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. Let […]

Ancient Monuments and Archaeological Sites and Remains Act, 1958

Conflict Between the Rights and the Places of Worship (Special Provisions) Act. 1991

Chapter III: Conflicts and Criticisms: 3.1 Conflict Between the Rights and the Places of Worship (Special Provisions) Act. 1991: 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. Let […]

Right To Religion In Bharat

Section 7 of Places of Worship (Special Provisions) Act, 1991

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 than this Act. Explanation and Interpretation: Section 7 establishes that […]

Section 6 of Places of Worship (Special Provisions) Act, 1991

Section 6 of Places of Worship (Special Provisions) Act, 1991

2.3.7 Section 6: Bare Act Provisions: 6. Punishment for contravention of section 3.— (1) Whoever contravenes the provisions of section 3 shall be punishable with imprisonment for a term which may extend to three years and shall also be liable to fine. (2) Whoever attempts to commit any offence punishable under sub-section (1) or to […]

TOP