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A single-judge bench of Justice Mahesh Chand Sharma said the chief secretary and advocate general of the state will be the legal custodians of the cow.
"Nepal is a Hindu nation and has declared cow as national animal. India is a predominant agriculture country based in animal rearing. As per Article 48 and 51A (g) it is expected from the state government that they should take action to get a legal entity for cow in this country," he said in his order.
While Article 48 of the Constitution says the State should take steps for preserving and improving the breeds, and prohibiting the slaughter, of cows and calves and other milch and draught cattle, Article 51A(g) speaks of protecting natural environment and having compassion for living creatures.
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"It is expected from the government that it should declare cow as national animal and for this purpose the Chief Secretary and Advocate General of state are declared legal custodians of cow," the judge said in a 145-page order.
The direction was made while the court was hearing the Hingonia Gaushala matter. Over a hundred cows had perished at the government-run cowshed in Jaipur last year.
The bench also granted liberty to any person or class of persons to approach court with a plea in a PIL to declare cow as a national animal.
division bench headed by Chief Justice Navaniti Prasad Singh observed that its interference in the Centre's notification was not warranted.
The bench said it could not see any prohibition in selling and consumption of beef in the notification, following which the PIL was withdrawn by petitioner A G Sunil.
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The petitioner had contended that the notification violated fundamental rights guaranteed under Art 19 (1) (g) of the Constitution and that it should be quashed.
However, the court observed that it could not find any illegality in the rules as apprehended by the petitioner.
There was no constitutional violation in the notification as alleged by the petitioner, it said.
The Kerala High Court's observation came a day after the Madras High Court's Madurai bench stayed for four weeks the the Centre's contentious notification on two PILs.
The petitioners in the Madras High Court have contended that the rules should have been approved by Parliament first.
