2.3.2 Section 1:
Bare Act Provision:
1. Short title, extent and commencement.—
(1) This Act may be called the Places of Worship (Special Provisions) Act, 1991.
(2) It extends to the whole of India except the State of Jammu and Kashmir*.
(3) The provisions of sections 3, 6 and 8 shall come into force at once and the remaining provisions of this Act shall be deemed to have come into force on the 11th day of July, 1991.
Footnote as in bare Act:
* Vide notification No. S.O. 3912(E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu and Kashmir and the Union territory of Ladakh.
Interpretation and Explanation:
Here is an explanation of each term in Section 1, of the Act:
Clause (1): This clause names the legislation. The name reflects its purpose and the specific provisions it contains. Supreme Court discussed the broader implications of the Act’s provisions, implicitly acknowledging its title in the context of legal discussions on secularism and religious disputes.[1] This is short title which makes it easy to refer in legal discussions and pleadings.
Clause (2): This clause specifies the geographical scope of where the Act applies. At the time of enactment, Jammu and Kashmir was excluded due to its special status under Article 370 of the Constitution. However, post the abrogation of Article 370 in 2019, this exception might no longer apply. The Supreme Court in Article 370 case upheld the revocation of Article 370, which implies that central laws like this Act now extend fully to Jammu and Kashmir. Although not explicitly on this Act, the judgment’s impact means all central laws, including this one, cover Jammu and Kashmir.[2]
Clause (3): This clause specifies that the Act would become enforceable on a date chosen by the Central Government, which would be officially announced via publication in the Official Gazette. This allows the government some flexibility in implementing the law, ensuring all necessary preparations or amendments to related laws are in place before enforcement. As stated earlier and mentioned in this clause, the Sections having punitive provisions came into force when the Act got the assent from the President.
This clause pertains to administrative procedure rather than substantive law. Supreme Court has discussed the principle of legality in the exercise of executive power, including the power to bring laws into force. The court has emphasized that such actions must be in accordance with constitutional norms and not arbitrary.[3] The court considered the validity of commencement notifications. The principles regarding the government’s authority to appoint commencement dates are applicable here. The court held that the government must act within the bounds of the law and cannot delay commencement unreasonably.[4]
Thus, the clause (3) allows the Central Government to decide when the Act would start affecting legal rights and obligations, providing time for public awareness, administrative setup, or any legislative cleanup if needed. Such executive discretion must be exercised within the legal framework, ensuring no arbitrary delay or implementation so that the Act effectively changes the legal landscape.
References:
[1] Ramjanmabhumi case
[2] In Re: Article 370 of the Constitution (2023) [2023 INSC 1058]
[3] State of Rajasthan v. Union of India [1977 AIR 1361]
[4] Ashok Kumar Thakur v. Union of India [(2008) 6 SCC 1138]
Add this website to your bookmarks to know more about these laws in simple language so that you can understand the provisions, their purpose, impact of implementation, failure to protect culture and much more. Share if you found it important for battle of cultural preservation
