The Union Cabinet gave its nod to issue the Triple Talaq ordinance, which makes the practice of instant triple talaq by Muslim men a penal offence.
The Triple talaq Bill makes pronouncement of triple talaq void and illegal. It seeks to make the practice of instant triple talaq a punishable offence with imprisonment of up to three years.
Article 123 of the Constitution grants the President certain law making powers to promulgate Ordinances when either of the two Houses of Parliament is not in session and hence it is not possible to enact laws in the Parliament.
The following limitations exist with regard to the Ordinance making power of the executive:(a)The President can only promulgate an Ordinance when either of the two Houses of Parliament is not in session (b) The President cannot promulgate an Ordinance unless he is satisfied that there are circumstances that require taking ‘immediate action (c) Ordinances must be approved by Parliament within six weeks of reassembling or they shall cease to operate and (d) The maximum validity of an ordinance is 6 months and 6 weeks.
The bill will lapse on June 3 with the dissolution of the present Lok Sabha.The legislative procedure states that a Bill which is pending in the Rajya Sabha, after being passed by the Lok Sabha, will lapse on the dissolution of Lok Sabha. But if the Bill was introduced in the Rajya Sabha, the dissolution of Lok Sabha will not lead to its lapse.