Malcolm Rivera
The Indian Constitution grants the President the power to promulgate ordinances during the recess of Parliament. Ordinances are temporary laws that can be issued when immediate action is required or when an urgent matter demands immediate attention. They have the same force and effect as an Act of Parliament. The maximum duration of an ordinance is six months and six weeks, after which it requires approval from both houses of Parliament to continue. If disapproving resolutions are passed by both houses, the ordinance becomes void. The ordinance-making power of the President is intended to enable efficient governance and address unforeseen situations. However, it has also raised concerns about potential overreach, democratic principles, and the separation of powers.
| Characteristics | Values |
|---|---|
| Who can issue ordinances? | The President of India or the Governors of States |
| When can ordinances be issued? | When either house of Parliament is not in session or when an urgent matter demands immediate attention |
| What is the maximum duration of an ordinance? | 6 months and 6 weeks |
| What is the status of ordinances? | Ordinances have the same force and effect as an Act of Parliament |
| Can ordinances be modified or repealed? | Yes, ordinances can be modified or repealed |
| Can ordinances amend the Constitution? | No |
| Can ordinances take away rights guaranteed by the Fundamental Rights of the Indian Constitution? | No |
| What happens if Parliament disapproves of an ordinance? | Ordinances cease to operate if Parliament does not approve of them within six weeks of reassembly or if disapproving resolutions are passed by both Houses |
| What happens if Parliament takes no action on an ordinance? | The ordinance ceases to exist after six weeks from the reassembly of Parliament |
| What happens if an ordinance is re-promulgated without being brought to the legislature? | The Supreme Court has deemed this to be "a fraud on constitutional power" and a violation of the principle of separation of powers |
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What You'll Learn
- Ordinances are laws that can be issued by the President of India when Parliament is not in session
- Ordinances have the same effect as an Act of Parliament, but are temporary
- Ordinances cease to operate if Parliament doesn't approve within six weeks of reassembly
- The maximum validity of an ordinance is six months and six weeks
- The ordinance-making power of the President can be misused
Ordinances are laws that can be issued by the President of India when Parliament is not in session
The President's power to promulgate ordinances is outlined in Article 123 of the Indian Constitution. This article grants the President law-making powers to issue ordinances during the recess of Parliament. The President can only issue ordinances when they are satisfied that circumstances exist that require immediate action. While this power is intended to facilitate efficiency and address urgent matters, it has been criticised for potentially undermining democratic principles and violating the separation of powers.
The maximum duration of an ordinance is six months and six weeks. Once Parliament reconvenes, the ordinance must be laid before both Houses within six weeks. If Parliament does not approve the ordinance within this period or passes disapproving resolutions, the ordinance ceases to operate. It is compulsory for a session of Parliament to be held within six months.
The ordinance-making power of the President is similar to that of the Governor of a State, as outlined in Article 213. The Governor can issue ordinances when the State Legislative Assembly or either of the two Houses in bicameral legislatures is not in session.
From 1950 to 2014, a total of 679 ordinances were issued by the President of India. Data shows that the use of this power has varied over time, with the highest number of ordinances passed in a year being 34 in 1993.
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Ordinances have the same effect as an Act of Parliament, but are temporary
Ordinances are laws that are promulgated by the President of India on the recommendation of the Union Cabinet. They are a unique feature of the Indian Constitution, empowering the President with law-making capabilities. Ordinances are intended as a tool for efficiency and necessity, allowing the President to take immediate legislative action when an urgent matter demands attention or when the legislature is not in session.
The President's ordinance-making power is outlined in Article 123 of the Indian Constitution. This article grants the President the authority to promulgate ordinances during the recess of Parliament, with the same force and effect as an Act of Parliament. However, ordinances are temporary in nature, and their validity is limited to six months and six weeks. After both houses of Parliament reconvene, the ordinance must be presented within six weeks, and it will expire if not approved by both houses within this period.
The ordinance-making power of the President has been a subject of debate, with some arguing that it violates the principle of separation of powers and undermines democratic principles. There have been instances of successive re-promulgation of ordinances without bringing them before the legislature, which has been deemed unconstitutional by the Supreme Court. The Court clarified that re-promulgation of an ordinance may be permitted in certain circumstances, but repeated re-promulgations without legislative approval would be considered a "fraud on constitutional power".
The Governor of a State also possesses ordinance-making powers, as outlined in Article 213 of the Indian Constitution. The Governor can issue ordinances when the State Legislative Assembly is not in session or when either of the two Houses in states with bicameral legislatures is not in session. The ordinance-making power of the Governor is similar to that of the President, and both are bound by the same limitations and conditions.
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Ordinances cease to operate if Parliament doesn't approve within six weeks of reassembly
Ordinances are laws that are promulgated by the President of India on the recommendation of the Union Cabinet. They are issued when Parliament is not in session and have the same effect as an Act of Parliament. However, they are temporary and cease to operate if not approved by Parliament. This approval must come within six weeks of Parliament's reassembly, or the ordinance will expire. This is known as the maximum life of an ordinance, which is six months and six weeks.
The President's power to issue ordinances is outlined in Article 123 of the Indian Constitution. This article grants the President certain law-making powers to promulgate ordinances during the recess of Parliament. The Governor of the State also has the power to issue ordinances when the State Legislative Assembly is not in session, as outlined in Article 213.
The purpose of ordinances is to enable the Indian government to take immediate legislative action in urgent or unforeseen situations. They are intended as a tool for efficiency and necessity, allowing the President or Governor to act when immediate action is required and the legislature is not in session. However, the use of ordinances has been criticised for undermining democratic principles and violating the separation of powers by allowing the Executive to enter the legislature's domain.
To address these concerns, there are limitations on the President's power to issue ordinances. Firstly, ordinances cannot take away any rights of citizens guaranteed by the Fundamental Rights of the Indian Constitution. Secondly, ordinances must be laid before both Houses of Parliament and will cease to operate if disapproving resolutions are passed by both Houses. Finally, ordinances cannot make provisions that Parliament would not be competent to enact under the Constitution.
In conclusion, ordinances in the Indian Constitution are a unique feature that grants the President and Governor the power to promulgate laws in specific circumstances. However, their use is carefully regulated to ensure that they do not override the authority of the legislature and respect democratic principles.
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The maximum validity of an ordinance is six months and six weeks
Ordinances are laws that are promulgated by the President of India on the recommendation of the Union Cabinet. They are a unique feature of the Indian Constitution, empowering the President to take immediate legislative action when Parliament is not in session. Ordinances have the same effect as an Act of Parliament, but they are temporary and do not amend the Constitution.
The six-week period can be calculated from the later date when the Houses of Parliament are summoned to reassemble on different dates. This calculation ensures that the President's ordinance-making power can be effectively exercised even when the Houses are not in session simultaneously.
The six-month period comes into play when Parliament does not approve the ordinance within the initial six-week timeframe. During these six months, the government has the opportunity to introduce a Bill addressing the same issue as the ordinance. This Bill undergoes the standard law-making process, allowing for debate and deliberation in the legislature. If Parliament fails to approve the Bill within six months, the ordinance lapses.
The ordinance-making power of the President and Governors is a double-edged sword. While it enables pragmatic governance and immediate action in urgent situations, it can also lead to potential overreach and the undermining of democratic principles. The Indian Constitution and the Supreme Court have outlined specific conditions and restrictions to prevent the misuse of ordinance-making powers.
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The ordinance-making power of the President can be misused
The ordinance-making power of the President of India is a legislative power granted by the Indian Constitution. Ordinances are temporary laws that are enacted by the President on the recommendation of the Union Cabinet when Parliament is not in session. They are intended to enable the government to take immediate legislative action and have the same effect as an Act of Parliament. However, there are concerns that this power can be misused.
The potential for misuse arises from the vague provisions surrounding the issuance of ordinances. According to the Constitution, the President can issue an ordinance when he deems it necessary to take immediate action. However, the lack of clear criteria for what constitutes "urgent circumstances" has led to regular reliance on this power, with some ordinances being re-promulgated multiple times without being tabled in the Legislature. For example, the Indian Medical Council (Amendment) Ordinance, 2010, was re-promulgated four times, indicating a disregard for judicial pronouncements and democratic norms.
The frequent issuance and re-issuance of ordinances create an atmosphere of 'Ordinance Raj', where the executive branch relies on ordinances instead of engaging in meaningful legislative processes. This undermines democratic principles and the separation of powers, as intended by the Indian Constitution. The Supreme Court of India has investigated and struck down instances of misuse, such as in the D.C. Wadhwa Case, where ordinances in Bihar were kept in force for up to 14 years through successive re-promulgation.
To address these concerns, the Supreme Court has clarified that re-promulgation of ordinances without bringing them before the legislature is unconstitutional and "a fraud on constitutional power". Additionally, ordinances cannot take away the fundamental rights guaranteed by the Constitution and are subject to judicial review. These limitations aim to balance the need for efficiency and necessity with the potential for overreach and misuse of power.
In conclusion, while the ordinance-making power of the President is intended to facilitate pragmatic governance, its misuse can lead to a concentration of power in the executive branch and a subversion of legislative and democratic values. Therefore, it is crucial to ensure that this power is exercised judiciously and in accordance with the intended purpose of the Indian Constitution.
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Frequently asked questions
Ordinances are laws that are promulgated by the President of India on the recommendation of the Union Cabinet. They are only issued when Parliament is not in session and have the same effect as an Act of Parliament.
The maximum duration of an ordinance is six months and six weeks. An ordinance will expire after six weeks once both houses of Parliament are in session.
Yes, ordinances can be amended or repealed. They can also be modified or repealed by an Act of Parliament or another ordinance. However, ordinances cannot amend the Constitution.
The ordinance-making power of the President and Governors in the Indian Constitution has been criticised for violating the separation of powers and undermining democratic principles. There have been concerns about the vague provisions for urgent circumstances, which has led to regular reliance on this power instead of treating it as a last resort.
