SC directs govt to explain reasons for re-promulgation of land ordinance

Senior counsel Indira Jaising said that the Rajya Sabha was prorogued to justify the ordinance, which was a blatant abuse of the President's powers

The Supreme Court on Monday issued a notice to the central government on a petition moved by a farmers’ forum, challenging repromulgation on April 3 of the ordinance on the controversial land acquisition law.

A bench, presided by J S Kehar, also issued a notice on an application seeking the documents, which led to the President’s decision  about the urgency in issuing the ordinance.

The case will be heard after four weeks, after the government’s response.

There is no stay on the ordinance.

Senior counsel Indira Jaising told the court the Rajya Sabha was prorogued to justify the ordinance and that was blatant abuse of the President’s powers under Article 123 of the Constitution.  

The court told her there was a possibility that the petition would become redundant by the time it was heard.

The judges were hinting at the Rajya Sabha passing the law after it is reconvened on April 23 to complete the budget session. Jaising, however, said the legal challenge would still survive.

The issue was the power of promulgating the ordinance again, which has been held unconstitutional earlier.

The ordinance includes nine amendments approved by the Lok Sabha earlier. An ordinance has a life of six months if promulgated when the session is not on. Once Parliament reconvenes, the ordinance will expire in six weeks.