Ordinance on jallikattu valid: Advocate General

Ruling out the scope of it being struck down, he said based on the powers vested with the Parliament to enact laws, the State Legislature is also vested with powers to enact law and the same has equal validity.

Asserting that the ordinance as such is valid for six months and can also be extended, the Advocate General noted that owing to the prevailing ‘extraordinary’ situation, the State on obtaining prior permission from the Centre has come up with the Ordinance and is hence bound to stand the test of scrutiny before becoming an Act with the President’s nod as it relates to Central law. 

Senior Counsel, P Wilson, practicing at the Madras High Court, who felt that the ordinance is against the wellthought out judgement of the Apex court also pointed out that “As per Article 254 (2) proviso, there is always a power vested with the Centre to strike down an ordinance. The State has brought an ordinance with the President’s assent, but if the Parliament brings an amendment, that alone will prevail and the ordinance will hold no water.” 

The ordinance brought about by the TN Government is an amendment to the Prevention of Cruelty to Animals Act, 1960. It has been based on the aspect of ensuring the protection and survival of native breed of bulls and preserving cultural traditions of Tamil Nadu while the Supreme Court had banned jallikattu in 2014 saying it amounted to cruelty to bulls as per the Prevention of Cruelty to Animals Act, 1960. 

It may be noted that the Centre had issued a notification lifting the ban on jallikattu with certain restrictions. However, AWBI, PETA and others challenged it and the apex court has reserved its verdict. In fact, the SC on Friday agreed to hold its verdict until next week, as urged by the Centre citing the fluid law and order situation owing to the uprising in Tamil Nadu, seeking to lift the ban on jallikattu.