The High Court of Karnataka has taken a significant step in addressing the constitutional validity of the Karnataka Religious Structures (Protection) Act 2021, a legislation designed to safeguard religious structures, including those erected illegally on public properties. The court's directive follows a Public Interest Litigation (PIL) filed by Bengaluru resident D Keshavamurthy, who contends that the Act's provisions contravene court directives and disregard established legal norms.
Chief Justice Prasanna B. Varale, heading a division bench alongside Justice M.G.S. Kamal, ordered the issuance of a notice to the State government in response to the PIL. The PIL underscores concerns that the legislation may undermine the impact of a 2009 Supreme Court order that prohibited unauthorized religious structures on public properties, with the mandate to dismantle such structures if erected.
The petitioner asserts that the Act effectively attempts to bypass court directives and shelter illegally constructed religious structures, even those identified by the High Court in its suo motu PIL in 2019. The Act, enacted to provide protection to religious structures existing before October 22, 2021, is challenged on the grounds that it conflates legal and illegal structures, and thereby challenges the rule of law.
In addition to questioning the Act's constitutionality, the petitioner argues that the legislation fails to respect the principles of various religions practised in India. The PIL asserts that no religion advocates illegality or endorses dishonesty, thus contending that the Act disrespects religious precepts.
Furthermore, the petitioner raises concerns regarding the scope of executive authority granted by the Act, which enables discretionary protection for illegal structures. Such broad discretionary powers, according to the petitioner, amount to excessive delegation and potentially undermine the balance of powers.
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