Govt can enact ordinance of ownership of Ram Janmabhoomi, Swamy tells PM Modi

BJP lawmaker Subramanian Swamy has told Prime Minister Narendra Modi his government can enact an ordinance "of ownership," of a 2.77-acre plot of land in Ayodhya considered by millions to be the birthplace of the Hindu deity Ram.

The government can "thus pass a law to hand over the land to an eminent body of religious leaders, especially those versed in Agama Sastra, with a direction to build (a) Ram temple," the legal expert and former Harvard professor explained in a letter to the prime minister, the news agency ANI reported.

Often called Ram Janmabhoomi, the land is located in eastern Uttar Pradesh. It is the former site of the Babri Masjid, whose domes were razed by kar sevaks in 1992. Thousands died in the riots that ensued.

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In 2010, the Allahabad High Court split ownership of the site three ways - with the Sunni Waqf Board, the Nirmohi Akhara and the Lord Ram Lalla getting a third each. More than seven years later, the case is still sub-judice in the Supreme Court.

"The existing claimants can be duly compensated for the loss of their claim on the title of the land," Subramanian Swamy said in his letter.

The Rajya Sabha MP later told ANI that "Congress-influenced lawyers" had an "agenda to halt the progress in the case."

"Therefore I thought we must make (the) Constitution and law our weapon - bring an ordinance," the news agency quoted him as saying.

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A BJP national spokesperson said Swamy was entitled to his opinion.

"Dr Swamy has a point of view as an individual and like every other citizen, the Constitution permits him to do so under Article 19," Nalin Kohli told India Today.

UNDERSTANDING ORDINANCES

Enacting ordinances isn't as easy and straightforward as it sounds. For starters, it can't be done now; no ordinance can be enacted when the legislature is in session.

Second, the circumstances in which they're promulgated matter.

"If at any time, except when both Houses of Parliament are in session, the President is satisfied that circumstances exist which render it necessary for him to take immediate action, he may promulgate such Ordinance as the circumstances appear to him to require," say Article 123 of the Constitution.

Finally, ordinances are subject to judicial review, and need to be brought to Parliament within six months of enactment.

'MANDIR VAHIN BANEGA'

Recently, at the India Today Conclave in Mumbai, BJP spokesperson Sambit Patra dramatically said he would "give it in writing" that a Ram temple would be constructed in Ayodhya.

And he did.

(Inputs from agencies)

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