Topic– Structure, organization and functioning of the Executive and the Judiciary Ministries and Departments of the Government; pressure groups and formal/informal associations and their role in the Polity.
4) Proposals to pass an ordinance and then legislation in favour of construction of Ram temple at Ayodhya are extremely ill-advised. Do you agree. Comment. (250 words)
Why this question
The article discusses the legal hurdles in legislation or implementation by ordinance, the construction of Ram Mandir. It also highlights the other reasons as to why Indian govt should not take the route of ordinance in this direction.
Comment- here we have to express our knowledge and understanding of the issue and form an overall opinion thereupon.
Key demand of the question.
The question wants us to express our knowledge and understanding of the legal background of the issue of building Ram temple in Ayodhya, by ordinance or legislative route. It wants us to form an opinion as to whether such an endeavour would be ill advised or not.
Structure of the answer
Introduction– write a few introductory lines about the recent mulling of the idea of building Ram temple at Ayodhya via ordinance route.
- Discuss the legal background of the case which would entail several challenges and delay in getting a judicial nod for building the Ram temple. E.g Even if passed, any such statute would have to cross many hurdles. First, there is the Places of Worship (Special Provisions) Act of 1991. In this Act, the cut-off date for freezing the religious character of a place of worship is August 15, 1947 and all suits regarding their status would abate. But Section 5 of the Act said: “Nothing contained in this Act shall apply to the place or place of worship commonly known as Ram Janma-Bhumi -Babri Masjid situated in Ayodhya in the State of Uttar Pradesh and to any suit, appeal or other proceeding relating to the said place or place of worship.” This, however, does not pave the way for simply repealing the section, for that would give further protection to the Muslim case; Acquisition of Certain Area at Ayodhya Act, 1993, which acquired the site to put an end to the litigation, and vested the property in Central government.; Third, the Act of 1993 was interpreted in Ismail Faruqui v. Union of India (1994) so that the property would remain with the Central government as a “statutory receiver”, a concept invented by the court. According to the SC judgement the Central government has the responsibility to wait for the result of the suit. No ordinance or statute can sit in appeal on the Ismail Faruqui judgment of 1994 etc
- Discuss the social reasons as to why the step would be ill advised. E.g as elections are near it may flare up communal tensions across the country; such an adventure would degrade India’ secular image internationally etc.
Conclusion– based on your discussion, form a fair and a balanced conclusion on the given issue.