The Bombay High Court today dismissed a public interest litigation (PIL) filed by four law students opposing Maharashtra government’s notification that designates January 22, 2024, as a public holiday to mark the consecration of the Ram Mandir in Ayodhya.
A special bench of Justice GS Kulkarni and Justice Neela Gokhale observed that in a country of diverse religions, the impugned decision of the State in fact fosters the principle of secularism. Referring to a catena of precedents on the subject of public holidays, the bench said, “We find a consistent view that has been taken by courts that declaration of holidays which is a matter of policy based on religious requirements cannot be an arbitrary decision, but it is in consonance with the secular principles.”
The bench relied on a decision of the Kerala High Court whereby a petition challenging the concession granted by the State to allow students to cover during summer holidays for leaves taken during Ramzaan, was dismissed. It was held that different religions are followed in the State and the concession does not impede the spirit of Article 25 and 26 of the Constitution.
High Court noted that even the Supreme Court has observed that declaration of public holidays is within the realm of executive policy.
The petitioners, students of MNLU Mumbai, GLC, and NIRMA Law School, argued that declaring a public holiday for a religious event contradicts the principles of secularism embedded in the Constitution. They contended that the state should not endorse or favour any specific religion. Citing past Supreme Court judgments, including SR Bommai v. Union of India, they emphasized that any State government deviating from secularism may face action under Article 356 of the Constitution, leading to dismissal.
The State on the other hand, represented by AG Dr. Birendra Saraf, contended that allowing citizens to observe their religious belief cannot be called a violation of the secular belief. “The secular fibre of this country is not fragile,” he submitted. He further argued that declaration of holiday is a policy matter and the Courts cannot be called upon to interfere in the same.
Significantly, the Madras High Court also held a special hearing today and disposed of a plea challenging the half- day closure of Jawaharlal Institute of Postgraduate Research, Medical Education & Puducherry tomorrow on account of the consecration, on an assurance by the Centre that the hospital would remain sufficiently staffed and accept emergency cases even during the half-day closure.