Experts say propriety demands govt should wait for SC verdict

NEW DELHI: The demand by some saffron groups that the government should come out with an ordinance for constructing a Ram Temple at Ayodhya has not got support from legal experts who were of the view that propriety demands it should wait for the Supreme Court's verdict.

According to senior jurists Rakesh Dwivedi and Ajit Kumar Sinha, there is no bar on the Centre to take the ordinance route but it should wait for the apex court's decision.

But senior advocate Vikas Singh straightaway said no ordinance can be brought when the matter is pending before the top court and added that it was not about any provision but its propriety.

“It's doctrine of separation of powers. Once it is before judiciary, it can't be done by any government,” Singh, who is also the president of the Supreme Court Bar Association, said.

The debate arose immediately after yesterday's Supreme Court hearing in the Ayodhya land dispute case where the matter has been fixed for hearing in first week of January.

There was a chorus of demands from within the BJP and various Sangh Parivar groups that the Centre bring an ordinance or legislation in the Winter session of Parliament for early construction of Ram temple at Ayodhya ahead of 2019 Lok Sabha polls without waiting for the apex court verdict.

Dwivedi and Sinha also said even if the ordinance is brought in, it can be challenged in the court of law.

Dwivedi said, “Now an ordinance can be questioned straightaway because of a 7-judges judgement. I don't think BJP and the central government are going to do that. They will just keep the issue alive till election. It seems to me that nothing is going to happen.

“For an electoral purpose you may issue it, somebody will challenge it, Congress lawyers will question it,” he said, adding the BJP will then get an opportunity to use the issue for the elections.