Katju added that while the Act may get challenged in the SC, any challenge is unlikely to succeed.

Jallikattu protesters fears unfounded permanent Act will come soon Katju to TNM
news Jallikattu Sunday, January 22, 2017 - 16:42

As protests rage on in Tamil Nadu over the jallikattu issue despite the ordinance promulgated by the state government, former Supreme Court judge Justice Markandey Katju called the apprehensions of the people unfounded. His comments come as protesters demand a “permanent solution” to the jallikattu ban, unsatisfied with the state’s decision to issue an ordinance on Saturday.

Speaking to The News Minute, Katju said, “Some people think the ordinance is a temporary measure.  But it will become an Act tomorrow when the Tamil Nadu legislature meets and replaces the ordinance. The apprehensions of those protesting are unfounded.”

He went on to explain that under Article 213(2) of the Constitution of India, the ordinance issued by the governor is a temporary measure. However, as animal rights falls under the concurrent list, the state law will prevail over the central law - in this case the Prevention of Cruelty to Animals Act – as per Article 254 (2) of the Constitution.

 “Under Article 254 (2) of the Constitution, the state law will prevail over the central on two grounds – because it comes after the central law and it because it received the assent of the President.”

He added that the Act may be challenged in the apex court, however, any challenge is unlikely to succeed.

Katju’s words come even as protesters at Alanganallur in Madurai refused to hold jallikattu, embarrassing Chief Minister O Panneerselvam, who was scheduled to inaugurate the event.

Speaking to reporters OPS said, “All the blocks have been removed for conducting jallikattu. This ordinance will be a permanent solution."

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