Introduction:

In a surprising legal move, four law students from prestigious institutions—Shivangi Agarwal, Satyajeet Salve, Vedant Agrawal, and Khushi Bangia—have taken a stand against the Maharashtra government’s decision to declare a public holiday on January 22. The reason behind their legal challenge is the consecration ceremony of the Ram Temple in Ayodhya, Uttar Pradesh.

The Petition and Its Significance:

These students, representing Maharashtra National Law University, Government Law College in Mumbai, and NIRMA Law University in Gujarat, filed a Public Interest Litigation (PIL) in the Bombay High Court. Their argument revolves around the violation of secular principles embedded in the Constitution of India, asserting that the government should not be involved in religious ceremonies.

Filing of the Petition:

The students filed their petition on January 19, urging the High Court to scrutinize the government’s decision. The hearing is scheduled for Sunday, where Justices Girish S Kulkarni and Neela K Gokhale are expected to preside over the case.

Challenge to Government Notifications:

The core of the students’ challenge lies in questioning the validity of the January 19 notification and challenging a 1968 notification from the Union Ministry of Home Affairs. The latter granted states the authority to declare public holidays, a power that the students argue should not be influenced by the preferences of the ruling political party.

Secular Principles at Stake:

The students emphasize that any government action, including declaring a public holiday for the consecration of a Hindu temple, is tantamount to endorsing a specific religion. They assert that the government should not have a role in religious matters, as this contradicts the secular foundation upon which the country stands.

Consequences of Religious Public Holidays:

One of the central concerns raised in the PIL is the potential negative consequences of declaring a public holiday for religious events. The students argue that such a decision could lead to a loss of education, financial setbacks, and disruptions to governance and public works.

Contrast with Other States:

The PIL highlights the disparity between Maharashtra’s decision and that of other states. While some states opted for a full public holiday or a half-holiday with school closures, Maharashtra’s approach is being scrutinized for potential violations of constitutional principles.

Criteria for Public Holidays:

The students stress that the declaration of public holidays should be based on commemorating patriotic personalities or historic figures, not on celebrating religious events to appease specific sections of society or religious communities. They argue that, in the absence of legislation specifically conferring power to declare public holidays and secular guidelines, such declarations risk undermining India’s secular fabric.

Timing of the Consecration Ceremony:

The petitioners draw attention to the timing of the Ram Temple consecration ceremony, which coincides with the upcoming 2024 Lok Sabha elections. They question the delay in starting the construction of the mosque for the Sunni Waqf Board, despite the Supreme Court’s order allocating five acres of land for it.

Legal Ramifications and Constitutional Concerns:

Citing the Supreme Court’s observation in the S.R. Bommai case, the students argue that any state government pursuing an unsecular course may face action under Article 356 of the Constitution, allowing dismissal. They contend that declaring a holiday for religious purposes, as seen in this case, is expressly prohibited by Article 27 of the Constitution, which bars taxing for promoting religion or maintaining a religious institution.

Conclusion:

In conclusion, this PIL challenges the government’s decision to declare a public holiday for the Ram Temple consecration, raising fundamental questions about the separation of religion and state and the impact of such decisions on the secular ethos of the nation. As the case unfolds, it will be interesting to see how the Bombay High Court addresses these constitutional concerns raised by the vigilant law students.

The legal challenge to Maharashtra’s public holiday, filed by law students Shivangi Agarwal, Satyajeet Salve, Vedant Agrawal, and Khushi Bangia, brings into focus crucial constitutional concerns surrounding the government’s role in religious events. As the Bombay High Court gears up for a Sunday hearing, these students aim to uphold secular principles and question the potential negative consequences of religious public holidays. This case, with its timing amid the 2024 Lok Sabha elections, prompts a closer examination of the constitutional boundaries between religion and governance. Stay tuned for updates on this significant legal development.