Bringing law to pave the way for Ram temple would go against apex court norms

By bring a law or an ordinance, it would favour one party over another, thus running ultra vires of legal principles enunciated by the court, reported The Indian Express.

Bringing law to pave the way for Ram temple would go against apex court norms

NEW DELHI: The RSS and the VHP have been demanding that the Modi led central government to bring an ordinance or a law for construction of Ram temple at the disputed site in Ayodhya as the matter being sub-judice in the Supreme Court and the apex court scheduled to hear it in January next year.

“In a democracy, public’s mandate is a major factor. If people’s opinion can make a government, then to form the public opinion (towards our cause) we are ready to do rallies and public meetings,” said Swami Jitendranand Saraswati, National Secretary of the Akhil Bharatiya Sant Samiti.

By bring a law or an ordinance to pave the way for a Ram temple, it would favour one party over another, thus running ultra vires of legal principles enunciated by the court, reported The Indian Express.

Constitution Bench of the Supreme Court pronounced one of the clearest such judicial assertions in a presidential reference made in 1991 by then President R Venkataraman, over a matter concerning the Cauvery Water Disuputes Tribunal.

“The principle which emerges from these authorities is that the legislature can change the basis on which a decision is given by the Court and thus change the law in general which will affect a class of persons and events at large. It cannot, however, set aside an individual decision interparties and affect their rights and liabilities alone,” said a five-judge bench headed by then Chief Justice of India Ranganath Misra.

The five-judge bench had added that “Such an act on the part of the legislature amounts to exercising the judicial power of the State and to functioning as an appellate court or Tribunal” — which is not allowed under the constitutional division of powers.

In its efforts to mount pressure on the government for bringing a law to construct a grand Ram temple, the Vishwa Hindu Parishad (VHP) on Friday announced that it would hold several rallies across the country beginning November 25 from Ayodhya.