NE LEGAL BUREAU
NEW DELHI, JULY 1
A significant constitutional battle over the limits of judicial intervention and executive authority is headed to the Supreme Court after the Tamil Nadu government challenged the Madras High Court’s direction enforcing a blanket prohibition on the slaughter of cows and calves across the State.
- State argues Madras High Court travelled beyond the Tamil Nadu Animal Preservation Act by directing an absolute prohibition across the State
- Special Leave Petition raises crucial questions on the scope of judicial directions vis-à-vis legislative and executive powers
- Government contends existing statutory framework regulates cattle slaughter through certification rather than imposing a blanket ban
- Constitutional interpretation of Article 48, executive authority and statutory safeguards set for fresh scrutiny before the apex court
The Special Leave Petition (SLP), filed by the Secretary to the Government, Animal Husbandry Department, questions whether a constitutional court can direct enforcement of a 1976 Government Order in a manner that effectively creates an absolute statewide prohibition when the governing statute permits slaughter under specified conditions. The petition is presently under the Supreme Court’s defect list and is awaiting listing for hearing.
The challenge assumes considerable constitutional significance as it seeks judicial clarity on the relationship between Article 48 of the Constitution, executive orders, statutory law enacted by the legislature and the permissible contours of judicial directions issued in public interest litigation.
The Tamil Nadu government has challenged the Madras High Court’s May 27 order directing the Chief Secretary and the Director General of Police to ensure that no cow or calf is slaughtered anywhere in the State, either during Bakrid celebrations or on any other day.
According to the State, the High Court’s directions travel beyond the statutory framework governing animal slaughter in Tamil Nadu.
The petition submits that while the Tamil Nadu Animal Preservation Act, 1958 regulates cattle slaughter by prescribing conditions under which it may be permitted—including certification by competent authorities in specified cases—it does not impose a blanket prohibition across the State.
The State has also relied upon the Prevention of Cruelty to Animals Act, 1960, the Prevention of Cruelty to Animals (Slaughter House) Rules, 2001, the Tamil Nadu Urban Local Bodies Act, 1998, and the Tamil Nadu Urban Local Bodies Rules, 2023, arguing that these laws regulate where and how slaughter may take place without creating an absolute statutory ban.
Significantly, the government has pointed out that the original Public Interest Litigation sought only a direction that slaughter should be carried out exclusively in authorised slaughterhouses. However, according to the SLP, the High Court went considerably beyond the relief sought by directing that no cow or calf should be slaughtered anywhere in Tamil Nadu.
The impugned order was delivered by a vacation Bench comprising Justices G.R. Swaminathan and V. Lakshminarayanan while allowing a PIL filed by K. Surya Prasanth, youth wing secretary of the Indu Makkal Katchi.
The petitioner had sought directions to prevent alleged slaughter of cows in temporary sheds erected in Coimbatore during Bakrid and requested that slaughter be confined to designated slaughterhouses.
While deciding the matter, the High Court invoked Article 48 of the Constitution, observing:
“The State shall take steps for prohibiting the slaughter of cows and calves and other milch and draught cattle.”
The Bench also relied upon a 1976 Government Order prohibiting the slaughter of cows and heifers in slaughterhouses across Tamil Nadu and observed:
“Since the executive power is co-terminus with the legislative power, a Government Order issued by the Government banning cow slaughter is very much sustainable and has to be enforced, as it has the force of law.”
The High Court further held that: “The authorities cannot permit slaughter of any animal in a place other than designated slaughter houses.”
Consequently, it directed the State “to ensure that no cow or calf is slaughtered on the eve of Bakrid or on any other day” and instructed the Chief Secretary and the Additional Director General of Police (Law and Order) to issue appropriate directions for strict implementation. (Live Law)
Legal observers note that the forthcoming proceedings before the Supreme Court could have ramifications extending beyond Tamil Nadu. The apex court may be called upon to examine whether constitutional courts, while exercising writ jurisdiction, can effectively enlarge statutory restrictions through judicial directions, particularly where the legislature has already occupied the field through a comprehensive statutory framework. The outcome could further clarify the balance between Directive Principles under Article 48, executive policy, legislative intent and judicial review.
