Judicial Activism vs. Executive Policy: Tamil Nadu Challenges Madras HC's Cow Slaughter Ban in Supreme Court
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The Tamil Nadu government has approached the Supreme Court to challenge a Madras High Court directive ordering a state-wide ban on cow slaughter. The appeal highlights the delicate balance between judicial intervention, state policy under Article 48, and the socio-economic realities of animal husbandry.
The Tamil Nadu government has filed a Special Leave Petition (SLP) in the Supreme Court, challenging a Madras High Court order that directed a state-wide ban on cow slaughter. The state government argues that the High Court's judicial enforcement of an August 1976 executive order bypasses the state's legislative and administrative prerogative, raising critical questions about the separation of powers and the implementation of Directive Principles of State Policy (DPSP).
At the heart of the dispute is Article 48 of the Indian Constitution, which directs the State to organize agriculture and animal husbandry on modern and scientific lines, and specifically to take steps for preserving and improving breeds, and prohibiting the slaughter of cows and calves and other milch and draught cattle. While Article 48 provides a constitutional guide, the Tamil Nadu government contends that the absolute prohibition of slaughter must be balanced with socio-economic realities, including the livelihoods of farmers, dietary preferences of diverse communities, and the economic viability of maintaining unproductive cattle.
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