HVK Archives: UF Proposal on Ayodhya put Cong leadership in a fix
UF Proposal on Ayodhya put Cong leadership in a fix - The Weekend Observer
Srinad Jha
()
8/6/96
Title : UF proposal on Ayodhya puts Cong leadership in a fix
Author : Srinad Jha
Publication : The Weekend Observer
Date : 8/6/96
The Unite Front government's proposal to refer the
Ayodhya issue to the Supreme Court under Section 138 (2)
appears to be leading to a major political controversy,
with the Left parties determined to expose the Congress
party's `double-speak' on the subject and the Congress
dissidents palnning to use this issue to embarrass the
party leadership.
The Congress does not the revival of the Babri Mosque-Ram
Janmabhoomi issue as fessible or politically
advantageous. But, the Left parties' compulsion.
The UF government's Left allies are putting pressure on
the ruling combing to resist possible efforts of the
Congress to brow-beat it for diluting its stand in the
case. Their view is that even the Congress could not take
an official stand the Congress could not take an official
stand against the proposal to refer the Ayodhya dispute
under Section 138(2) on account of the fact that senior
Congress leaders including former Union home minister S.
B. Chavan have come out in favour to the proposal on the
floor of Parliament in the past. The Left leaders are
reportedly threatening to fish out the relevent
parliament records with the aim of embrassing the
Congress.
Congress dissidents, on the other hand, are wanting to
extract a definite view from the party leadership
regarding the issue. They are planning to raise the issue
at the scheduled June 13 meeting of the Congress Working
Committee. CWC member and former Union minister Rajesh
Pilot has incidentally gone on record expressing his
support to the proposal to refer the Ayodhya issue under
Section 138(2). The party leadership has a different
position regarding the matter.
The reopening of the Ayodhya issue might lead to further
polarisation of political forces at the expense of the
Congress. The party leadership is, therefore, likely to
do whatever it can to avoid the possibility of the
Ayodhya issue being referred to the apex court under
Section 138(2).
The opinion of constitutional experts is that the
constitutional validity of the proposal is highly
questionable. Their view being that Article 138 (2) could
be invoked only for referring to a `class of cases' and
not for any specific case.
In the event of the Babri Mosque-Ram Janmabhoomi issue
being referred to the Supreme Court under Section 138(2),
it will become binding for the apex Court to give its
opinion in the matter. Such an opinion will carry the
status of not only an advise, but also a decision: and
the executive shall be required to comply with the
court's directives.
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