Much has been written about Jallikattu protests. This write up is about the legal challenges the ordinance can throw up in future for Govts.. I m not talking about challenges for this ordinance, but for other issues.
Both the Central,State Govt succumbed to the pressure and an ordinance was passed. My view is that, both the State and Central Govt have dragged their feet for so long on Jallikattu issue and created a mess. With the crowds swelling as the day progresses, the ordinance was enacted due to TINA factor alone. There is no able leader is Tamil Nadu who could have just assured the crowd and explained them the legalities. Now by passing the SC, Govt. has opened a can of worms.
The Hon'ble Chief Justice of Madras HC Shri. Sanjay Kishan Kaul, on his RDay speech said that "At times,courts in order to hold the law, pass orders that are against sentiments of majority". Another notable judge once said 'The orders of the courts are not always correct, but one has no option except following it'. This applies to courts across the world.
Who has greater power? Is it the Parliament which enacts law or the court? This is like which came first, is it the egg or chick? But since courts are there, some sanity prevails. The Jallikattu case is being heared by the SC and the Govt should have fastened it much earlier. After having allowed it to drag, they brought ordinance just to quell the protest.
Now my question, is the ordinance right thing to do? Gujarat witnessed even bigger agitation by Patels. Gujjars and Jats took to streets in Rajasthan and Haryana respectively. Stirs always happens in democratic country like India, but if people start asking for ordinance for every issue, then it becomes too big a mess to clear. There is every chance of people demanding ordinance for everything. Fortunately in TN, the entire State was in Unison for Jallikattu, so it became easy, but other issues are not like that.
Forget the reservation issue. What if people demand ordinance for bringing in Uniform Civil Code or on Ram Janmabhoomi issue? Either way the cabinet decides, there will be riot across the country. In river disputes, if every state refuse to obey SC and pass their own ordinance, what happens?
Agreed, there are flaws in our Judicial systems, but our country is by and large peaceful (barring J&K and some sectors in NE). Even if a person feels that he has been wronged by a court,he may get consolation as the time goes by. On other hand, if he feels he is wronged by the Govt., it might tend him to go rogue.
Hence my personal opinion is that people should not get swayed by sentiments in pressing issues, but must apply their mind and then act
-- Satyajith
Tags:
Jallikattu, Ordinance, Jat, Patel, Patidars, Gujjar, Ayodhya, Ram Janma Bhoomi, Reservation
Image courtesy: Backyardchickens.com
Hence my personal opinion is that people should not get swayed by sentiments in pressing issues, but must apply their mind and then act
-- Satyajith
Tags:
Jallikattu, Ordinance, Jat, Patel, Patidars, Gujjar, Ayodhya, Ram Janma Bhoomi, Reservation
Image courtesy: Backyardchickens.com