GS 2: Polity

In Ayodhya judgment, SC relied on principles of possession and balance of probabilities, Pg10.

The article discusses the 2019 Supreme Court judgment on the Ayodhya land dispute, highlighting the legal principles applied—possession and balance of probabilities—rather than the historical or religious claims.

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Key Highlights:

  • The 2019 Ayodhya judgment spanned 1,045 pages over the 1,500 square yard disputed site.
  • Court relied on the “test of preponderance of probabilities” and balance of probabilities to decide the title suit.
  • Hindus were found to have unimpeded possession of the outer courtyard and preponderance of evidence for possession of the inner courtyard before 1857.
  • The ASI report on whether a temple was demolished for Babri Masjid construction was found inconclusive.
  • The Court dismissed reliance on the existence of an underlying 12th-century temple as basis for title.
  • Judgment emphasized that title determination must rest on settled legal principles and civil law standards, not on faith or antiquity.

Detailed Insights:

  • Court’s Reasoning:
    • The verdict rejected claims based on Mughal conquest or temple demolition as determinative for ownership.
    • It clarified that supra-national acts of conquest were not grounds for property rights in civil law.
    • Possession history and probability weighed in favor of Hindu claims.
  • Legal Doctrine Applied:
    • Balance of probabilities: Court examined which claim was more probable based on available evidence.
    • Civil law principles governed title determination, not archaeological or theological assertions.
  • Significance:
    • Judgment reaffirmed judicial secularism by keeping religious sentiment secondary to legal evidence.
    • Marked a turning point in resolving India’s most contentious dispute through rule of law.
    • Showcased how judiciary interprets historical claims through modern constitutional framework.

Scientific/Technical Concepts Involved:

  • Balance of probabilities: A legal standard in civil cases where the court decides in favor of the claim that is more likely to be true.
  • Preponderance of evidence: Standard requiring that a claim is more probable than not, based on available proof.
  • Archaeological Survey of India (ASI): Conducted excavations, but findings were legally treated as supportive, not determinative evidence.
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