Role of Judiciary in Religious and Cultural Heritage Disputes
Indian Polity & Governance
- PYQs8
- Articles1
Background
This concept is vital for understanding the balance between religious freedom, cultural heritage preservation, and the state's role, particularly the judiciary's function in upholding constitutional principles and managing societal conflicts. It tests knowledge of judicial powers, constitutional interpretation, and the practical application of law in sensitive areas.
The Indian judiciary plays a crucial role in adjudicating disputes concerning religious sites and cultural heritage, often balancing fundamental rights like freedom of religion with the need to maintain public order and protect historical monuments. Courts frequently issue directives to manage sensitive situations, interpret historical claims, and ensure compliance with legal frameworks governing such sites.
Facts & tables
- Interim Orders
- Courts issue interim orders to manage sensitive religious disputes, aiming to prevent tension and ensure public order.
- Interpretation and Review
- The judiciary interprets historical and legal claims over sites and can review decisions by administrative bodies like ASI.
- Compliance Enforcement
- Judicial directives ensure compliance from executive bodies (Centre, State, ASI) regarding the management and access to disputed sites.
- Final Arbiter
- The Supreme Court often acts as the final arbiter, emphasizing adherence to its orders 'in letter and spirit'.
| Type | Reference |
|---|---|
| Conceptual area | Indian Polity & Governance |
| Conceptual area | Fundamental Rights |
| Conceptual area | Separation of Powers & Constitutional Ideals |
| Body | Role |
|---|---|
| Supreme Court of India | Adjudicates disputes, issues directives, ensures compliance |
| High Courts | Initial adjudication, interpretation of laws |
| Archaeological Survey of India (ASI) | Protects monuments, manages sites, subject to judicial review |
Prelims angle
Prelims angle: Definition-based questions
Prelims angle: Institutional roles and functions
- Judiciary resolves disputes over religious/heritage sites.
- Balances religious freedom (Art 25-28) with public order.
- SC issues directives for compliance by executive (Centre, State, ASI).
- High Courts also adjudicate, subject to SC review.
- Ensures protection of cultural heritage monuments.
| Year | Framing tags |
|---|---|
| 2024 | Definition-based questions, Institutional roles and functions |
| 2024 | Factual recall, Conceptual understanding |
| 2023 | Multi-statement analysis, Factual recall |
| 2023 | Statement-based questions, Conceptual understanding |
| 2021 | Statement-based questions, Conceptual understanding |
| 2019 | Multi-statement analysis, Conceptual understanding |
| 2018 | Statement-based questions, Conceptual understanding |
| 2014 | Factual recall, Conceptual understanding |
Timeline
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Indian Polity & Governance
Conceptual area
-
Fundamental Rights
Conceptual area
-
Separation of Powers & Constitutional Ideals
Conceptual area
-
Prelims 2014
Factual recall, Conceptual understanding
-
Prelims 2018
Statement-based questions, Conceptual understanding
-
Prelims 2019
Multi-statement analysis, Conceptual understanding
-
Prelims 2021
Statement-based questions, Conceptual understanding
-
Prelims 2023
Multi-statement analysis, Factual recall
-
Prelims 2023
Statement-based questions, Conceptual understanding
-
Prelims 2024
Definition-based questions, Institutional roles and functions
-
Prelims 2024
Factual recall, Conceptual understanding
-
SC directs Centre, MP to comply with order on namaz site near Bhojshala complex ‘in letter and spirit’
The judiciary, particularly the Supreme Court, actively intervenes in religious and cultural heritage disputes to ensure constitutional rights, maintain public order, and enforce legal compliance from executive bodies, often issuing interim directives to manage sensitive situations.
See also
Past papers
2014–2024 · 8 questions
In the news
SC directs Centre, MP to comply with order on namaz site near Bhojshala complex ‘in letter and spirit’
The judiciary, particularly the Supreme Court, actively intervenes in religious and cultural heritage disputes to ensure constitutional rights, maintain public order, and enforce legal compliance from executive bodies, often issuing interim directives to manage sensitive situations.
Try these PYQs
A Writ of Prohibition is an order issued by the Supreme Court or High Courts to :
Writ of Prohibition: * It is a judicial order issued by a higher court (Supreme Court or High Court) to a lower court or tribunal. * It prevents the lower court from exceeding its jurisdiction or acting contrary to law. * Purpose: To stop ongoing proceedings in a case where the lower court lacks jurisdiction or violates legal procedures. * Nature: It is preventive, ensuring the lower court does not act unlawfully rather than correcting a wrong decision after it has occurred. * Example: If a tribunal starts hearing a case that legally falls under the jurisdiction of a civil court, the Writ of Prohibition can halt such proceedings. * Comparison with Certiorari: Prohibition is issued before judgment to stop proceedings, whereas Certiorari is issued after judgment to quash orders passed unlawfully.
Consider the following statements :
1. The 44th Amendment to the Constitution of India introduced an Article placing the election of the Prime Minister beyond judicial review.
2. The Supreme Court of India struck down the 99th Amendment to the Constitution of India as being violative of the independence of the judiciary.
Which of the statements given above is/are correct ?
Statement 1 is Incorrect: The 44th Amendment actually aimed to reverse the provision introduced by the 39th Amendment, which had placed the elections of the President, Vice President, Prime Minister, and Speaker of the Lok Sabha beyond judicial review. The 44th Amendment restored the power of judicial review for these elections. Statement 2 is Correct: The Supreme Court of India struck down the 99th Constitutional Amendment Act, 2014, in 2015 in the case of Supreme Court Advocates-on-Record Association v. Union of India. This amendment sought to replace the Collegium system with the National Judicial Appointments Commission (NJAC) for appointing judges to the Supreme Court and High Courts. The Court held that the NJAC undermined judicial independence, a part of the basic structure doctrine, and was therefore unconstitutional.
The power of the Supreme Court of India to decide disputes between the Centre and the States falls under its
Article 131 of the Constitution of India provides for the original jurisdiction of the Supreme Court to settle the disputes between the different units of the Indian Federation such as between the Centre and one or more states and, between the states.
With reference to Indian Judiciary, consider the following statements:
1. Any retired judge of the Supreme Court of India can be called back to sit and act as a Supreme Court judge by the Chief Justice of India with prior permission of the President of India.
2. A High Court in India has the power to review its own judgement as the Supreme Court does.
Which of the statements given above is/are correct?
Statement 1 is correct: Under Article 128, the Chief Justice of India may, at any time, with the previous consent of the President, request a retired Judge of the Supreme Court or a retired Judge of a High Court (who is duly qualified) to sit and act as a Judge of the Supreme Court. Statement 2 is not correct: Although there is no explicit Article in the Constitution equivalent to Article 137 (which grants review power to the SC) for High Courts, the High Courts are "Courts of Record" under Article 215. As a Court of Record, a High Court has the inherent power to review its own orders and judgments to correct any patent error or prevent a miscarriage of justice. This has been affirmed by the Supreme Court in various rulings.
Consider the following statements :
1. The Parliament of India can place a particular law in the Ninth Schedule of the Constitution of India.
2. The validity of a law placed in the Ninth Schedule cannot be examined by any court and no judgement can be made on it.
Which of the statements given above is/are correct?
Statement 1 is correct: The Ninth Schedule was introduced through the First Constitutional Amendment (1951) to protect certain laws from judicial review, even if they violated Fundamental Rights (Part III of the Constitution). Statement 2 is incorrect: The protection under the Ninth Schedule is not absolute. As per the Kesavananda Bharati case (1973) and reaffirmed in the I.R. Coelho case (2007), laws placed in the Ninth Schedule after April 24, 1973, can still be challenged if they violate the "Basic Structure" of the Constitution. Thus, while the Ninth Schedule provides a degree of protection, the Supreme Court retains the power to review laws that undermine the Constitution’s core principles. Hence, the correct answer is option (a) 1 only.
Show 3 more PYQs
Consider the following statements:
1. If the election of the President of India is declared void by the Supreme Court of India, all acts done by him/her in the performance of duties of his/her office of President before the date of decision become invalid.
2. Election for the post of the President of India can be postponed on the ground that some Legislative Assemblies have been dissolved and elections are yet to take place.
3. When a Bill is presented to the President of India, the Constitution prescribes time limits within which he/she has to declare his/her assent.
How many of the above statements are correct?
* Statement 1 is incorrect: If the election of a person as President is declared void by the Supreme Court, acts done by him before the date of such declaration of the Supreme Court are not invalidated and continue to remain in force. * Statement 2 is incorrect: The Supreme Court in 1974 held that the dissolution of the state legislative assembly would not be a ground for preventing the holding of the election on the expiry of the term of the President. Nor can it be grounds to suggest that the election to the office of the President could be held only after the election to the state is held, where the Legislative Assembly of a State is dissolved. * Statement 3 is incorrect: The Constitution of India does not prescribe any time limit within which the President has to decide concerning a bill presented to him/her for his/her assent. Thus the President of India can simply keep the bills pending for an indefinite period.
Consider the following statements:
Statement-I: The Supreme Court of India has held in some judgements that the reservation policies made under Article 16(4) of the Constitution of India would be limited by Article 335 for maintenance of efficiency of the administration.
Statement-II: Article 335 of the Constitution of India defines the term 'efficiency of administration'.
Which one of the following is correct in respect of the above statements?
* Statement I is correct: It has frequently been argued that reservation is contrary to efficiency and merit. Even the Supreme Court of India appeared to have agreed with this argument in some of its judgments, holding that Article 335 mention of the term efficiency of administration will limit the scope of Article 16(4) provision for reservation in services. * Statement II is incorrect: Article 335 of the Constitution of India states that the claims of the members of the Scheduled Castes and the Scheduled Tribes shall be taken into consideration, consistently with the maintenance of efficiency of administration, in the making of appointments to services and posts in connection with the affairs of the Union or of a State. * Article 335 of the Indian Constitution only mentions the efficiency of administration and does not define the same.
Under which of the following Articles of the Constitution of India, has the Supreme Court of India placed the Right to Privacy?
* The Supreme Court of India, in its landmark judgment in Justice K.S. Puttaswamy (Retd.) vs Union of India (2017), declared that the Right to Privacy is a fundamental right enshrined in the Constitution of India. * The court held that this right is protected under Article 21 of the Constitution, which guarantees the Right to Life and Personal Liberty. * Article 21: States that 'No person shall be deprived of his life or personal liberty except according to the procedure established by law.' The court interpreted 'personal liberty' broadly to include various aspects of privacy. _While the other options are fundamental rights, they are not directly where the Right to Privacy is placed:_ * Article 15: Prohibits discrimination on grounds of religion, race, caste, sex or place of birth. * Article 16: Guarantees equality of opportunity in matters of public employment. * Article 19: Guarantees certain freedoms like speech and expression, assembly, etc.