2. After article 26 of the Constitution, the following article shall be inserted, namely:-
26A(1) the status of and title to any place of religious significance as it existed on the fifteenth day of August, 1947, shall be protected.
(2) In this article, 'place of religious significance' shall include any piece of land, with or without superstructure thereon, set apart for worship or for performance of funeral rites or as depository for the remains of the dead, including the site of temple, mosque, church, gurudwara, synagogue, idgah, imambara, ashoorkhana, grave, tomb, sepulchre, graveyard, cemetery, marghat, tower of silence, and the like and the appurtenant thereto as well as the means of access to the same.
(3) No suit shall lie challenging the status of and title to any place of religious significance as it existed on the fifteenth day of August, 1947, and no court shall try any suit or issue in which the matter involves such a challenge or a contrary claim.
(4) All orders, decisions or decrees made by any Court prior to the commencement of the Constitution (Amendment) Act, 1991, which are contrary to the provisions of this article shall cease to operate on and from such commencement."
Statement of Objects and Reasons
Claims to title and status of places of religious significance raise serious controversy and create deep discord. Such claims are prejudicial to communal harmony and stability of the country. To prevent such ugly situations, the Bill seeks to provide that the status of and title to any place of religious significance as it existed on August 15, 1947 shall be protected. It is laid down that no suit shall lie challenging such status of and title to places of religious significance
“I would like the words Hindu, Bharatiya and Indian to be synonymous.”
— L.K. Advani
“The Hindu card has turned out to be a joker without any other cards to support it, is certainly not an ace.”
— Kamal Nath