New Delhi: The Supreme Court on Friday orally asked Karnataka government as to how it can commit a fraud on the Constitution by promulgating an ordinance to allow ‘Kambala' sport in the State when the Bill passed by the Legislature was returned by the President of India for reconsideration.
A three Judge Bench of Chief Justice Dipak Misra and Justices A.M. Kanwilkar and D.Y. Chandrachud, made this observation while hearing a writ petition filed by People for the Ethical Treatment of Animals (PETA), challenging the prevention of cruelty to animals (Karnataka Amendment) Ordinance, 2017, making Kambala legal in Karnataka. The CJI told the Attorney General K.K. Venugopal "on the one hand the President refuses assent to the Bill passed by the Legislature and sends it for reconsideration and on the other hand you bring an ordinance. Is it permissible under the Constitution? Can you (Karnataka) commit a fraud on the Constitution?”
The AG pointed out that the Bill was withdrawn and whatever the concerns of the President were addressed in the Ordinance. He asked the court, "is the State not entitled to pass an ordinance."
Counsel for PETA, Siddharth Luthra submitted that while the ordinance was promulgated on July 3, the State withdrew the bill only on August 1 and this would show the ordinance was passed even as the Bill was pending which is not permissible.
