The Supreme Court Friday dismissed a petition challenging the triple talaq ordinance, promulgated by the government in September. The apex court said it did not find it necessary to interfere in it. A CJI-led bench said the ordinance was passed two months and had a life of six months, adding that the winter session of Parliament will be held soon.
The petition had been filed by Samastha Kerala Jamiat Ulema, a Muslim group, which argued that the ordinance “is violative of Articles 14, 15 and 21 of the Constitution and, accordingly, requires to be struck down”. The group had said it is “also unconstitutional for failing to satisfy the mandatory requirements of Article 123 of the Constitution”. Article 123 enables promulgation of ordinances only in instances requiring “immediate action”. “The absence of emergent reasons negates any invocation of the provision,” it stated.
Bench headed by the CJI said the Ordinance was passed only 2 months ago & had life of 6 months. Court also pointedvout that winter session of Parliament is coming. Sr Adv Raju Ramachandran said very bringing of ordinance is fraud on Const’n, but CJI didn’t agree @IndianExpress
— Ananthakrishnan G (@axidentaljourno) November 2, 2018
The Muslim Women (Protection of Rights on Marriage) Ordinance, 2018, was signed by President Ram Nath Kovind on September 19, hours after it was approved by the Union Cabinet. Union Minister for Law and Justice Ravi Shankar Prasad had said there was an “overpowering urgency” and a “compelling necessity” to bring the ordinance as the practice continued unabated despite the Supreme Court order in 2017.
The Supreme Court in August 2017 had set aside the centuries-old practice of instant triple talaq or talaq-e-biddat in a landmark 3-2 verdict.