Ismail Faruqui case
Also called: Dr M. Ismail Faruqui v. Union of India · Topic: Secularism: Western and Indian Models · NCERT: Beyond NCERT
Meaning
In Dr M. Ismail Faruqui v. Union of India (1994), the Supreme Court decided 3:2 on the Acquisition of Certain Area at Ayodhya Act 1993. It upheld the Act, except the clause that ended pending title suits. The Court said a mosque is not essential to the practice of Islam, so the state may acquire one like any other property. The case is often cited in debates on the essential religious practices (ERP) test.
Example
In 2018 the Supreme Court decided 2:1 not to send the "mosque is not essential" view to a larger bench. The Ayodhya title dispute then went ahead and was decided in M. Siddiq (2019).
Don't confuse with
- M. Siddiq (2019): this was the final Ayodhya title judgment, which also said the Places of Worship Act 1991 protects India's secular character. Ismail Faruqui dealt only with whether the state could acquire the land.