VidhiSangh

Supreme Court of India · 27/02/2023

ASHWINI KUMAR UPADHYAY versus UNION OF INDIA & ORS.

[2023] 3 S.C.R. 184 · 2023 INSC 174

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Summary

A petitioner under Article 32 sought a direction to constitute a 'Renaming Commission' to find the original names of historical, cultural and religious places said to have been renamed after foreign invaders, or alternatively research by the Archaeological Survey of India, invoking rights to dignity, religion, culture and to know under Articles 19, 21, 25 and 29. The Supreme Court dismissed the petition: the questions of law raised do not arise, secularism and fraternity are basic features under Kesavananda Bharati and S.R. Bommai, religion cannot be mixed with the secular activities of the State, a country's present and future cannot remain a prisoner of the past, and a court guarding the fundamental rights of all sections should not grant such reliefs.

Issues

  1. Whether the Supreme Court, in exercise of jurisdiction under Article 32, should direct the constitution of a commission or research by the Archaeological Survey of India to restore the original names of places alleged to have been renamed by foreign invaders, as an enforcement of rights under Articles 19, 21, 25 and 29 of the Constitution.

Provisions considered

Held

Result

Writ petition dismissed.

Judgment PDF: Supreme Court of India, [2023] 3 S.C.R. 184.