The Supreme Court on Monday asked the Centre to explain how the Ordinance on land Acquisition was re-promulgated ahead of its consideration by the Rajya Sabha. Issuing notice on a PIl filed by four organisations claiming to be farmers and rural landowners, the Bench of Justices JS Khehar and SA Bobde gave four weeks to the Centre to submit its response.
Though the petitioner demanded summoning of documents placed for consideration before the President leading to re-promulgation of the Ordinance, the Bench declined to pass any order.
It said, “We might have to say it’s become infructuous after a little while.” The Bench was suggesting the possibility that the Rajya Sabha, which is to reconvene on April 23, could pass the Bill to replace the Ordinance, rendering the petition infructuous.
For the petitioners — Delhi Grameen Samaj, Bharatiya Kisan Union, and Gram Sewa Samiti — senior advocate Indira Jaising submitted that once the lok Sabha cleared the land Acquisition Bill on March 10, the Rajya Sabha was prorogued on March 28 in order to facilitate issuing of the Ordinance.
She argued that the decision was a “colourable” exercise of power as the legislative process was altered. The Bench said, “let us first know their position. We may not agree with you after we hear them.”
The petitioners have not challenged the Ordinance on merits but on a narrow question of law whether an “Ordinance Raj” can be imposed by giving a go-by to the normal democratic process that requires an Ordinance to be placed for approval before Parliament after its period expired on April 5.