P Chidambaram said a bill cannot be passed setting aside the judgment of a high court (File)
Amid a clamour within the BJP for bringing a legislation for early construction of Ram temple in Ayodhya, senior Congress leader P Chidambaram on Thursday said any ordinance by the government or a bill passed in parliament will be unconstitutional when the matter is subjudice.
Bringing an ordinance or law pending an appeal in the Supreme Court will be an "adventurist action", he said.
"In my view, to bring an ordinance would be unconstitutional. So let us see whether the government recognises the constitutional position or it will indulge in an adventurist action. An ordinance when the appeal is pending will be an adventurist action. It will be unconstitutional," he told reporters at the AICC briefing.
He said the demand for an ordinance was a trial balloon and the government is letting its followers "test the water".
"They are floating all these balloons to see what the public reaction is, but the matter is pending before the Supreme Court as a regular appeal against the Allahabad High Court judgment," he said.
"In my view an ordinance would be unconstitutional. A Bill would also be unconstitutional. You cannot pass a Bill setting aside the judgment of a High Court when the matter is pending in the Supreme Court. That is my understanding of law. I may be right, I may be wrong," he said.
Amid a growing chorus from right-wing outfits for an ordinance on construction of Ram temple in Ayodhya, BJP MP Rakesh Sinha on Thursday said he will bring a private member's bill in this regard and asked opposition leaders including Congress chief Rahul Gandhi whether they will support it.
Mr Sinha said the onus is now on the opposition leaders and he is asking a clear-cut question as now is the time to separate truth from lies.