There is a ruckus in the country over the new Waqf law. Muslim organizations are opposing this law and demonstrations continue. The matter has reached the Supreme Court, which is likely to be heard soon. In such a situation, the question is that if the Supreme Court cancels the new Waqf Act illegal, can the Supreme Court’s decision be reversed? Today we will introduce you to those matters recorded in history, in which the government brought an ordinance and overturned till the Supreme Court’s decision. Let’s know about such cases …
Reservation case
The first case of overturning by bringing an ordinance to the Supreme Court’s decision came up in 1961. The Supreme Court had ruled in a case of reservation that the government cannot keep seats in educational institutions on the basis of religion or caste. The Constitution was amended in 1961 against this decision. Claus (4) was added to Article 15, under which the government had empowered to reserve seats for candidates of backward castes in educational institutions.
Indira Gandhi case
The second major case of overturning the Supreme Court’s decision through the Constitution amendment is related to former Prime Minister of India Indira Gandhi. In 1971, the election of Indira Gandhi from Rae Bareli was challenged in the Allahabad High Court. In her judgment, the court found Indira Gandhi guilty of rigging in the election and her election was canceled. The government brought the 39th amendment against this decision and Article 392A was added, which said that the election of the President, Vice President, Prime Minister and Lok Sabha speaker cannot be challenged in any court. Later the matter reached the Supreme Court, where the 39th amendment was declared illegal.
Shah Bano episode
Shah Bano, a resident of Indore, was divorced by her husband Muhammad Ali Khan, after which Shah Bano reached the Supreme Court to demand alimony. In 1985, the Supreme Court ruled that under Section 125 of CRPC, divorced Muslim women are entitled to receive alimony. In 1986, the government introduced the Muslim women actor 1986. Under this, Muslim women are not entitled to receive alimony. Divorced Muslim women are entitled to alimony till the completion of the three -month period of Iddat.
Case of transfer-posting of Delhi administrative officials
This matter related to the sharing of the powers of the Delhi government was very much discussed. On May 11, 2023, the Supreme Court ordered that the Delhi government has authority over the bureaucracy in Delhi and the government can transfer the officers. The government came with an ordinance against this decision of the Supreme Court, in which the right to transfer Delhi officials was given to the Lieutenant Governor.
Also read: What is ‘Hindu phobia’, against which the government of this country going to make laws

