Diksha JoshiAIR 19 · CSE 2021 · 229 wordsTheir whole copy
Opening · a definition
Article 123 allows president to promulgate ordinance which is a temporary law passed in absence of an ongoing Parliamentary session.
Body · points
→ Conditions when ordinance is passed
(1) when both the houses of parliament are not in session.
(2) when either one house is not in session as law to be passed by both house.
(3) In above situation, a condition occurs when passage of a law for time being is necessary.
(4) Law should only be of those provisions under which parliament has authority of legislation and should not be a constitution amendment
Ordinance does not subvert democracy as it is not parallel power of legislation ie. a replacement of parliament
→ Has to be approved by parliament within 6 weeks of reassembly otherwise a maximum of 6 months → Can be judicially reviewed after RC. Cooper case or Bank Nationalisation case.
However, attempts have been made in past to subvert democratic process
(1) D.C. Wadhwa Case :- wherein ordinance was re-promulgated without getting approval.
(2) In Krishna Kumar Case in Bihar where control of Sanskrit institution taken by ordinance.
Close · a way forward
Both the cases on review
by judiciary have been declared null and void.
Ordinance as a measure has been provided to tide over temporary crisis and it should not be used as a tool in the hands of politicians to subvert the law making process entrusted on the legislators.
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