Skip to main content

SUMMARY OF THE AYODHYA VERDICT

SUMMARY OF THE AYODHYA VERDICT

The five-judge bench of the Supreme Court unanimously pronounced it's verdict on 9 November 2019.The judgement can be summarised as follows:
  • The Court ordered the Government of India  to create a trust to build a temple and a Board of Trustees within three months. The disputed land will be owned by the Government of India and subsequently transferred to the Trust after it's formation.
  • The Court ordered the entire disputed land area of 2.77 acres to be allocated for the construction of a temple while an alternative piece of land area of 5 acres be allocated to the Sunni Waqf Board for the construction of a mosque within Ayodhya.
  • The Court ruled that the 2010 Allahabad High Court’s division of the disputed land was incorrect.
  • The Court ruled that the Demolition of the Babri Majid and the 1949 desecration of the Babri Masjid was in violation of law.
  • The Court observed that archaeological evidence from the Archaeological Survey of India shows that the Babri Masjid was constructed on a Hindu structure.
  • The Court said that Muslims parties, including the UP Sunni Waqf Board, failed to establish exclusive possession of disputed land. It said that the Hindu parties furnished better evidence to prove that Hindus had worshipped continuously inside the mosque believing it to the birthplace of the Hindu deity Ram. The Court cited that iron railings setup in 1856-57 separated the inner courtyard of the mosque from the outer courtyard, and that Hindus were in exclusive possession of the outer courtyard. It said that even before this, Hindus had acess to the inner courtyard of the mosque.
  • The Court ruled that the suit filed by Nirmohi Akhara was not maintainable and it had no shebait rights.However, the court ruled that Nirmohi Akhara should be given appropriate representation in the Board of Trustees that will be created by the Government of India.
  • The Court rejected the claim made by Shia Waqf Board against the Sunni Waqf Board for the ownership of the Babri Majid. 

The Supreme Court judgment was followed by a 116-page Addendum over whether the disputed structure is the holy birthplace of Lord Ram as per the faith, belief and trust of the Hindus.

The addendum mentions that in the period prior to 1528 AD, “there was sufficient religious texts, which led the Hindus to believe the present site of Ram Janma Bhumi as the birthplace of Lord Ram".

The Addendum concludes with: 

169. The sequence of the events as noticed above clearly indicate that faith and belief of Hindus was that birth place of Lord Ram was in the three-dome structure Mosque which was constructed at the janamasthan. It was only during the British period that grilled wall was constructed dividing the walled premises of the Mosque into inner courtyard and outer courtyard. Grilled iron wall was constructed to keep Hindus outside the grilled iron wall in the outer courtyard. In view of the construction of the iron wall, the worship and puja started in Ram Chabutra in the outer courtyard. Suit of 1885 was filed seeking permission to construct temple on the said Chabutra where worship was permitted by the British Authority.
 Faith and belief of the Hindus as depicted by the evidence on record clearly establish that the Hindus belief that at the birth place of Lord Ram, the Mosque was constructed and three-dome structure is the birth place of Lord Ram. The fact that Hindus were by constructing iron wall, dividing Mosque premises, kept outside the three-dome structure cannot be said to alter their faith and belief regarding the birth place of Lord Ram. The worship on the Ram Chabutra in the outer courtyard was symbolic worship of Lord Ram who was believed to be born in the premises.

170. It is thus concluded on the conclusion that faith and belief of Hindus since prior to construction of Mosque and subsequent thereto has always been that Janmaasthan of Lord Ram is the place where Babri Mosque has been constructed which faith and belief is proved by documentary and oral evidence discussed above.


Comments

Popular posts from this blog

ARTICLE 370 - A brief note

ARTICLE 370- A BRIEF NOTE  Written By : Ms. Ankita Rana  Sr. Executive Law, BHEL  Article 370 of the Constitution of India, 1949 accords a special status to the State of Jammu & Kashmir. It limits the application of the provisions of the Constitution of India to the State of Jammu & Kashmir, (except Article 1 and Article 370 itself) and permits the state to draft its own Constitution. It restricts Parliament’s legislative powers in respect of J&K.  HISTORY OF ACCESSION OF J & K TO INDIA In order to understand Article 370, it is important to first understand the legislative history behind the provision. The provision was introduced in the Constitution as unlike other princely states, special conditions existed in the State of Jammu & Kashmir as follows: • India was at war with Pakistan and there was a cease fire agreed operating at the relevant time; • The internal condition in the state of J & K was still unusual and ...

NATIONAL REGISTER OF CITIZENS (NRC)

The  National Register of Citizens (NRC)  is a register maintained by the Government of India containing names & certain relevant information for identification of Indian citizens of Assam state. The register was initially, specifically made for Assam state. However, on 20th November 2019, Home Minister Amit Shah declared during a Parliamentary Session that the register would be extended to the entire country. The register was first prepared after the 1951 Census of India and since then it has not been updated until recently. Assam has become the first state in India where the updating of the NRC is being taken up to include the names of those persons whose names appeared in the NRC of 1951 and is still alive; and/or of their presently living descendants who have permanent residence within the state. The updated final NRC was released on August 31, 2019 with over 1.9 million applicants failing to make it to the list. PURPOSE OF NRC The purpose of NRC update i...

PRESIDENT’S RULE

PRESIDENT’S RULE  In layman’s term  President's Rule  is the suspension of state government and imposition of direct central government rule in a state. Article 356 of Indian Constitution deals with imposition of President’s Rule over a State of India. If a State Government is unable to function according to constitutional provisions, the Central government can take direct control of the state machinery. Executive authority is exercised through the centrally appointed governor, who has the authority to appoint other administrators to assist them.  During president's rule, the Council of Ministers is dissolved, vacating the office of Chief Minister. Furthermore, the Vidhan Sabha is either prorogued or dissolved, necessitating a new election.  The Governor is an appointee of the President and thus, effectively, a functionary of the Union Government.  S. R. Bommai v. Union of India   was a landmark judgment of the Supreme Court wher...