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Amidst debates over the need for piloting a legislation to override the supreme court verdict easing the restriction on women’s entry to Sabarimala, those adept at legislative process dismiss the scope for either the Center or the State Government making such a bid.
As per N.K Jayakumar, the government has given an undertaking to the court that irrespective of the outcome of the case, it will not resort to framing legislation. If the cure strikes down a provision of the Act or rule on the premises that it is violative of fundamental rights, the government does not reserve the powers to cure it through legislation.
Moreover, if the government decides to frame legislation, it should secure the President’s assent and could be dropped at that stage. There is no legal provision that empowers the Assembly to pass a unanimous resolution demanding the centre either to pilot legislation or promulgate an ordinance. But as per Article 254(2) that speaks about legislative powers, Parliament wields the authority to make amendments and that does not mandate the nod of the assembly.
The Travancore Devaswom Board (TBD)would meet on Tuesday and take a decision on its legal course to be taken in court were the review petition has been filed against its recent order for entry of women of age group 10- 50 in Sabarimala temple lifting a centuries-old ban.
The TDB has the legal responsibility to protect the interest of devotees. The implementation of the court order led to the violence and creating a problem to the devotee’s backdrop of this is the devotees start protesting and it includes a large number of woman population. The LDF government is trying his best in the implementation of court orders while the BJP government trying to unleash the implementation of the order.
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