As such, this situation is leading the country towards arbitrary interpretation of laws and constitutional provisions. The supremacy of law and constitutional limits are established in a civilized society only because there is stability, Let there be an atmosphere of peace and development.
A court in Uttar Pradesh has ordered a survey of the Gyanvapi Masjid in Varanasi, so it cannot be said that no other court can give the same order regarding the Taj Mahal. Significantly, a petition has been given in the court for a probe into the alleged site of Hindu gods and goddesses in the Taj Mahal. The question of such claims and counter-claims is controversial in itself. But even if there is a solid basis for such claims, then the question will arise as to what will be the way of expressing it? Can this method go beyond the constitutional and statutory scope? If the UP court had considered the legal position, it would not have allowed the survey of Gyanvapi Masjid at all. After all, in 1993, the country’s Parliament passed the Place of Worship Act. A provision was made in it that the status of all the places of worship in the country as on August 15, 1947, is their legal status. In that situation, the responsibility of all the governments elected by taking the oath of the constitution is to maintain those conditions of those places of worship. The responsibility of the judiciary is to ensure that governments do the same.
Therefore, the court should have asked the petitioner to either challenge the constitutionality of the Places of Worship Act in the higher judiciary or ask the country’s government to get the Parliament passed a bill to repeal this law. Only after that the court will be able to hear the dispute related to any place of worship. but that did not happen. This would simply mean that any law in the country has no value. The importance is only of today’s dominant-ruling ideology. Whatever is done accordingly is legal and the courts will also pave the way for that. As such, this situation is leading the country towards arbitrary interpretation of laws and constitutional provisions. This direction can lead to chaotic situation. The supremacy of law and constitutional limits are established in a civilized society only to maintain an atmosphere of stability, peace and development. Aren’t we going in the opposite direction?
