A three-judge SC bench of the top court, headed by Chief Justice of India Ranjan Gogoi, refused to entertain petitions filed before the court challenging the constitutional validity of the ordinance issued by the Centre, making Triple Talaq an offense.
The petition had been filed by a Muslim group Samastha Kerala Jamiat Ulema, which argued that the Triple Talaq ordinance “is violative of Articles 14, 15 and 21 of the Constitution and, accordingly, requires to be struck down”.
The group also added it is “also unconstitutional for failing to satisfy the mandatory requirements of Article 123 of the Constitution”. Article 123 enables promulgation of ordinances only in instances requiring “immediate action”.
It further stated “The absence of emergent reasons negates any invocation of the provision.
On September 19, the ordinance on Triple Talaq was passed by the Union Cabinet headed by Prime Minister Narendra Modi.