Delhi High Court on Friday dismissed a plea challenging the constitutional validity of the Triple Talaq Ordinance and asserted that it is only for the government to decide.
The petitioner had argued that the Triple Talaq Ordinance is in violation of Articles 14, 15, 20, 21 and 25 of the Constitution of India.
"The ordinance is arbitrary and unnecessarily bringing a draconian, illogical, unreasonable and vague legislation through the route of the ordinance. It shows a lack of respect for parliament and the people whose faith lies in India's secular constitution," the petition read.
Alleging an abuse of power of ordinance, the petitioner further stated, "Promulgating an ordinance on a matter which is under discussion in the parliament with modification is clearly an abuse of ordinance power by the executive and playing foul over the legislature. The ordinance promulgated by the central government in relation to Triple Divorce is full of inherent and apparent contradictions, illegalities, irregularities and abuse of power of ordinance."
However, dismissing the petition today, the Delhi High Court clearly stated that once the Supreme Court has deemed an act as unconstitutional, it is for the government to decide.
The Union Cabinet on September 19 had approved an ordinance or an executive order on the Triple Talaq bill, thus making it a criminal act.
The Prime Minister Modi led-government approved the ordinance after it could not be tabled in the Rajya Sabha due to lack of consensus last month during the monsoon session of the Parliament, even as the Union Cabinet had approved an amendment to the Bill.