Saturday, September 26, 2020
Home Opinions Ordinance on Ram Mandir: An ordinance for self-destruction?

Ordinance on Ram Mandir: An ordinance for self-destruction?

Also Read

Shridhar Prabhu
Shridhar Prabhu is a Bengaluru based Advocate and writes on contemporaneous socio political and legal issues
 

Addressing Hunkar Sabha at Nagpur RSS Sar Sangh Chalak Dr. Mohan Bhagwat once again upped the ante on the Ayodhya issue by demanding an ordinance enabling construction of Ram Mandir. Nirmohi Akhada, VHP, Shiv Sena and many more organizations aligned to the cause of temple, have already been strongly advocating the ordinance route. While BJP Rajya Sabha MP, Rakesh Sinha, has proposed to bring a Private Member Bill, Dr. Subramanian Swamy, even with all his limitations as a Petitioner before the Supreme Court, is inexplicitly espousing for a legislation on Ram Mandir at Ayodhya.

It remains an irrefutable fact that all cases concerning Ayodhya issue – appeals against the Allahabad High Court’s decision in original suits, writ petition seeking enforcement of fundamental rights merited a speedy disposal and other incidental matters – merit a speedy disposal by the apex court. On the inordinate delays on the Ayodhya verdict, one is compelled to remind this often-cited famed statement of Warren E Burger, the former Chief Justice of the United States:

A sense of confidence in the courts is essential to maintain the fabric of ordered liberty for a free people and three things could destroy that confidence and do incalculable damage to society: that people come to believe that inefficiency and delay will drain even a just judgment of its value…”  

As sequel to this irrefutable aspect, one cannot but enquire if the Hindu cause is tactlessly falling prey to a binary trap on whole the imbroglio. Unfortunately, whole of the Hindu point making brigade is either vague or vacuous on what should be content of the legislation that they are advocating for. Should the legislation say: ‘notwithstanding orders or judgements by any courts, all cases pending before all courts stand abated and the land in dispute shall hereafter vest with the Union enabling it to build a glorious Ram Mandir’? Fair enough. The very next minute, the opposite side will file a case before the Supreme Court challenging the constitutional validity of this legislation and predictably insist that before the main matter is heard, the validity of the legislation be decided first.

In fact, this is precisely what the other side wants. This is precisely why Kapil Sibal had tried to push the hearing to July, 2019. If even after the opposite side’s ploy of making Supreme Court revisit the ratio in Ismail Faruqui judgement, Hindus refuse to understand the ruse, lord Ram alone has to save our people.

It would do well to draw a parallel from PVN Government’s law of 1993 viz, Acquisition of Certain Area at Ayodhya Act, 1993. As seasoned master of dilatory tactics, PVN, wanted the Supreme Court to get itself engrossed with the validity of this legislation and judgement on the main matters gets delayed as much as possible. Alongside, PVN tried to use the Supreme Court for political purposes when a Presidential Reference on seeking Supreme Court’s verdict on what should be constructed on the disputed site. It is a different matter that apex court rightly rejected it. In sum, when the entire matter is sub judice enacting of a legislation would be not only futile but thoroughly counterproductive.

Ayodhya is not a lis between two contesting parties. It is reflective of a collective aspiration of all those who revere Ram, the embodiment of the idea of India. In fact, it remains a lesser known fact that one of the plaintiffs before the Allahabad High Court and now before the Supreme Court is none other than Bhagwan Sri Rama Virajman at Sri Rama Janma Bhumi, Ayodhya, also called Bhagwan Sri Rama Lala Virajman, initially represented by next friend D.N. Agarwal, a former Judge of the Allahabad High Court. This suit was a result of visionary action of late Ashok Singhal filed on the able advice of late Lal Narayan Sinha, the legal legend from a rural Bihar who rose to became the Attorney General of India. It was legal genius of Lal Narayan Sinha that ultimately ensured that seemingly impossible issue of limitation was overcome in the suits filed by the Hindus. Bhagwan Ram Lalla, like any other Hindu deity under law, is a perpetual minor, until court appoints his next friend. But for this initiative, Hindus would have forever been unsuited on the sole ground of limitation. It is trite law that limitation is always fatal in the original suits.

 

Did anyone think that Hindus would overcome this insurmountable obstacle of limitation? Call it providence or fruit of perseverance, Hindus, at least so far, have not got a raw deal on the legal front.

At this a crucial juncture a misadventure or even an innocuous misstep can cost dearly to the cause of Ram. Not that one needs to turn into a fatalist, but one needs to exercise perseverance, for justice hurried is justice buried.

  Support Us  

OpIndia is not rich like the mainstream media. Even a small contribution by you will help us keep running. Consider making a voluntary payment.

Trending now

Shridhar Prabhu
Shridhar Prabhu is a Bengaluru based Advocate and writes on contemporaneous socio political and legal issues

Latest News

Yogi Adityanath is right when he says “How can Mughals be our hero”

Why the name is important if that’s the question then given the free run of the secular historians right from the dawn of India’s independence, made us almost forget our own history, our ancestry, our tradition, and our culture.

GDP fall: Can we overcome this?

We should understand the fact that due to the pandemic situation, the whole world went on for a lockdown because heath is a major concern for any government.

Changes in labour laws – Kaal is the issue

Most of the above changes are going to help in doing business at ease which will eventually attract investors, including FDI. Only concern is, elimination of Standing Orders and elimination of labour unions’ interference for establishments employing up to 300 workers will not go down well with people as it will hinder job security of the workers.

25 सितम्बर/जन्म-दिवस एकात्म मानववाद के प्रणेता दीनदयाल उपाध्याय

सुविधाओं में पलकर कोई भी सफलता पा सकता है, किन्तु अभावों के बीच रहकर शिखरों को छूना बहुत कठिन है। 25 सितम्बर, 1916 को जयपुर से अजमेर मार्ग पर स्थित ग्राम धनकिया में अपने नाना पण्डित चुन्नीलाल शुक्ल के घर जन्मे दीनदयाल उपाध्याय ऐसी ही विभूति थे।

जांबाज पुलिस

"बीजेपी और आरएसएस के एजेंट पाए जाने पर सख्त कार्यवाही होगी। बुकिंग था कि नहीं यह जांच का विषय नहीं है! धार्मिक आधार पर भेदभाव बर्दास्त नही होगी। "नो बॉडी विल ट्राय टू डिस्टर्ब कम्युनल हार्मोनी इन बंगाल! मा माटीर मानुस! जय बंगला! अमार बंगला! सोनार बंगला! विश्व बंगला! जय कोलकाता पुलिस।"

Farooq Abdullah interviewed by Thapar

Mr. Abdullah called Modi-Shah as fascists for abrogating article 370. He probably forgot that article 370 was abrogated not just by Modi and Shah but by majority in both houses of India's parliament after due discussion/debate and Indian President signed the bill.

Recently Popular

Ambedkar vs India’s Freedom

There is a deeper story to Ambedkar's journey than most know

पोषण अभियान: सही पोषण – देश रोशन

भारत सरकार द्वारा कुपोषण को दूर करने के लिए जीवनचक्र एप्रोच अपनाकर चरणबद्ध ढंग से पोषण अभियान चलाया जा रहा है, भारत...

Breaking India: Bangla Pokkho in Bengal, like Kashmiriyat in Kashmir

Prima Facie, it would look like any regional linguistic movement, like Shiv Sena's Marathi Maanoos (Person) and Marathi Asmita (Pride) movement, or Tamizh Pride that Dravidian Parties project. But if we scratch the surface we will observe that it is a very smartly devised separatist movement under the guise of linguistic regionalistic sub-nationalism.

New Education Policy- Winning the world with the Bharat centric Values

The NEP is an ambitious document, which is focused on the holistic and overall development of the students to make them Aatmnirbhar and to enable them to compete with the world while maintaining the Bharat centric values and culture.

सामाजिक भेदभाव: कारण और निवारण

भारत में व्याप्त सामाजिक असामानता केवल एक वर्ग विशेष के साथ जिसे कि दलित कहा जाता है के साथ ही व्यापक रूप से प्रभावी है परंतु आर्थिक असमानता को केवल दलितों में ही व्याप्त नहीं माना जा सकता।
Advertisements