Ayodhya: 5:0, 3:2 or 4:1, why we will have a final verdict even if there is a dissent
New Delhi, Nov 09: The final verdict in the Ayodhya case will be delivered by the Supreme Court of India Today.
There are various possibilities, when the Bench delivers the verdict. Considering the five judge composition, the verdict would be a final one.
It could be a verdict that is 5:0, 3:2 or 4:1. This means that even if there is a dissenting view, we will have a majority verdict which will be final.
The Allahabad High Court in 2010 in a 2:1 majority ruling, had ordered that the 2.77 acres of land be partitioned equally among three parties - the Sunni Waqf Board, the Nirmohi Akhara and Ram Lalla.
The HC had split ownership of the site, three ways with the Sunni Waqf Board, Nirmohi Akhara and For Ram Lalla getting a third each.
The other question is what are the next steps if one of the parties are not happy with the verdict. They could prefer a review in the Supreme Court or even approach the government to take an ordinance route.
If the government decides to take an ordinance route, it would need to take out the fundamental basis of the same. The ratio laid down by the court and the fundamental basis or foundation needs to be taken out when an ordinance is passed.
If an ordinance is passed, then the verdict of the Supreme Court virtually becomes infructuous. However such an ordinance can be challenged in the court.
However, enacting an ordinance is not an easy matter. Firstly it cannot be done, when the legislature is in session. Secondly the circumstances under which the ordinance is promulgated mattes. Article 123 of the Indian Constitution says that if at any time, except when both Houses of Parliament are in session, the President is satisfied that the circumstances exist which render it necessary for him to take immediate action, he may promulgate such an ordinance as the circumstances appear him to require.