Supreme Court Stays Madras High Court Order on Blanket Cow Slaughter Ban

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The Supreme Court of India issued an interim stay on a Madras High Court directive that imposed a complete ban on cow and calf slaughter across Tamil Nadu.

The Tamil Nadu government challenged the High Court order, arguing it amounted to judicial lawmaking that directly contradicted the Tamil Nadu Animal Preservation Act, 1958.
Under the Tamil Nadu Animal Preservation Act, 1958, slaughtering cows older than 10 years is legally permitted if designated authorities certify them as unfit for work or breeding.
Central statutes like the Prevention of Cruelty to Animals Act, 1960 and local municipal regulations do not ban slaughter entirely, but heavily regulate it inside designated slaughterhouses.
The Madras High Court had based its sweeping ban on Article 48 of the Constitution, which instructs the State to preserve livestock breeds and prohibit the slaughter of cows, calves, and draught cattle.
The Supreme Court stay reinforces the doctrine of Separation of Powers, noting that animal preservation falls under Entry 15 of the State List (List II) in the Seventh Schedule.

In Mohd. Hanif Quareshi v. State of Bihar (1958), the court upheld bans on slaughtering cows and calves, but struck down complete bans on working bullocks as an unreasonable restriction under Article 19(1)(g).
In State of Gujarat v. Mirzapur Moti Kureshi Kassab Jamat (2005), the court upheld Gujarat's total ban on cow slaughter, ruling that Article 48 guides reasonable restrictions under Article 19(6) while recognizing aged cattle's ecological and agricultural value.
In Akhil Bharat Krishi Goseva Sangh v. State of A.P. (2006), the court reaffirmed that cow protection remains a legislative policy issue, so courts should avoid overriding valid State laws.
Bans on cow slaughter involve balancing Directive Principles under Article 48 with Fundamental Rights under Article 19(1)(g) for occupational freedom and Article 25 for religious freedom.