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This article talks about an important problem called judicial inactivism, where courts avoid making decisions on crucial issues. Legal scholar Chad M. Oldfather explains that such inaction can be just as harmful as making bad decisions because it’s harder to notice and correct. This lack of action from courts can lead to serious consequences.
The Sambhal Masjid Case
The Sambhal Masjid case is a recent example of judicial inactivism. In this case, there was a dispute over a mosque in Uttar Pradesh after a local court ordered a survey of the site. The Supreme Court had an opportunity to give a final decision and resolve the issue, but it chose not to. Instead, it told the lower court to freeze the case, directed the petitioner to approach the Allahabad High Court, and asked everyone to maintain peace. While this decision provided temporary relief, it didn’t solve the underlying problem.
The Places of Worship Act, 1991
The article explains the significance of the Places of Worship Act, 1991. This law ensures that the religious identity of places, as they existed on August 15, 1947, cannot be changed. It also prevents courts from hearing cases about such changes and makes violations punishable with jail time and fines. The Act was designed to protect India’s social and religious harmony by preventing conflicts over historical religious sites. However, some courts, including the Supreme Court, have allowed challenges to this law, weakening its purpose.
Why This is a Concern
The Supreme Court’s decision in the Sambhal case reflects a pattern of avoiding decisions on sensitive issues. By not addressing these matters directly, the Court creates uncertainty and leaves room for further disputes. This is especially troubling because similar issues, like the origins of various mosques, are being raised in courts across the country. The article argues that this judicial inaction undermines the very purpose of the Places of Worship Act.
Examples of Past Judicial Inaction
The article mentions two other cases where the Supreme Court avoided making clear decisions:
- Shaheen Bagh Protests (2020): People were protesting against the Citizenship Amendment Act (CAA). Instead of deciding whether the Act was valid, the Supreme Court formed a committee to talk to the protestors, leaving the legal issue unresolved.
- Farm Laws Protests (2021): When farmers opposed new farm laws, the Supreme Court formed a committee to negotiate with them but didn’t decide on the laws’ legality. The government later repealed the laws due to public protests, not a court ruling.
In both situations, the Court avoided its primary duty to make decisive rulings, leaving the core issues unresolved.
Lessons from the Ayodhya Case
The Ayodhya case (2019) is also discussed. Here, the Supreme Court allowed a temple to be built on the disputed site where a mosque once stood. Although the decision was controversial, the Court recognized the importance of the Places of Worship Act. It said the Act is crucial for protecting India’s secular values and preventing historical conflicts from affecting the present. However, in later cases like the Gyanvapi Mosque dispute (2023), the Court allowed actions that went against the spirit of this Act.
What Should Be Done
The article stresses that the Supreme Court must take stronger action to uphold the Places of Worship Act. During the Sambhal case, the Court had a chance to enforce the Act and stop similar disputes from arising but didn’t act decisively. The upcoming hearing on the Act’s validity offers another opportunity for the Court to correct its mistakes.
The article concludes by urging the judiciary to fulfill its responsibility to make clear decisions. By doing this, the Court can protect India’s secular values, maintain social harmony, and restore public trust in its role as the guardian of the Constitution.
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