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PolityThe HinduEditorial20 May 2026

First and foremost: On the Bhojshala ruling

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๐Ÿ“Œ Summary:

  • Context: The Madhya Pradesh High Court on May 15, 2026 ruled that the Bhojshala-Kamal Maula complex in Dhar, MP, "had been a Hindu temple" and suggested the Muslim side seek alternative land from the State; the proceedings were revived by CJI Surya Kant in January 2026

  • The mixed-architecture complex has had a contested religious identity for over a century; the ASI in 2003 arranged turn-based use by different faiths until a 2024 High Court-ordered fresh survey (allowed by the Supreme Court with safeguards)

  • Core argument: The ruling hollows out the Places of Worship (Special Provisions) Act, 1991, which froze the religious character of all places of worship as on August 15, 1947

  • Causal chain / legal loophole: The case proceeded through Section 4(3) of the 1991 Act, which exempts "ancient and historical monuments" protected under the Ancient Monuments and Archaeological Sites and Remains Act, 1958 โ€” a "procedural side door" that hollows out the Act's spirit

  • The High Court relied on the 2019 Ayodhya judgment's principles of "preponderance of probability" and "faith and belief", and on the value of archaeological evidence

  • The editorial warns the Supreme Court stayed civil suits but allowed PILs to achieve "functionally identical outcomes"; courts operate in politically polarised terrain where politically-backed groups (such as the 'Hindu Front for Justice') use judicial findings to mobilise around contested sites

  • Precedents / pattern: The Ayodhya verdict has enabled repeated challenges to minority religious sites that are also protected by the Survey โ€” a record already including Gyanvapi, Shahi Idgah and the Bijamandal complex

  • Solutions proposed: Strictly enforce the 1991 Act with no determinations of religious character except for title disputes already pending at its enactment; make shared use the norm, since democratic coexistence outweighs questions of who was there 'first'

๐ŸŽฏ UPSC Relevance: GS1 (communalism, secularism, role of religion in Indian society) and GS2 (judiciary, Places of Worship Act) โ€” tests how legal loopholes and judicial process interact with communal politics.

๐Ÿ“ Prelims Facts:

  • The Places of Worship (Special Provisions) Act, 1991 froze the religious character of places of worship as on August 15, 1947; the Ayodhya site was the sole exception
  • Section 4(3) exempts "ancient and historical monuments" covered by the Ancient Monuments and Archaeological Sites and Remains Act, 1958
  • The Bhojshala-Kamal Maula complex is located in Dhar district, Madhya Pradesh
  • ASI = Archaeological Survey of India

๐Ÿ”‘ Key Term: Places of Worship Act, 1991 โ€” a law that prohibits the conversion of any place of worship and maintains its religious character as it existed on August 15, 1947, with the Ayodhya site as the only exception.

Places of Worship ActBhojshalaASIcommunalismAyodhya verdict

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