GS2 · 15 marks · 250 words

Frequent reliance on the ordinance making power by the government, not only dilutes the basic tenets of executive accountability in a parliamentary democracy, but also overlooks the democratic traditions of building consensus. Discuss with relevant examples.

Answered by 5 toppers · CSE 2020–2024

Syllabus: Parliament and State legislatures—structure, functioning, conduct of business, powers & privileges and issues arising out of these.

How toppers approached it

From 4 of the 5 answers · about 220 words · 25% drew a diagram.

Opening

  • A definition4 of 4

Body

  • Points and prose2 of 4
  • Points2 of 4

Close

  • A way forward3 of 4
  • A source1 of 4

The toppers’ answers

Madhav AgarwalAIR 16 · CSE 2024 · 199 wordsTheir whole copy

Opening · a definition

Promulgation of Ordinance is the power of executive to bring a law through order of President/Governor when atleast one of the house is not in session.

Their frequency of usage has increased both in Parliament and State legislature:-

Body · points and prose

Promulgation of Ordinance is the power of executive to bring a law through order of President/Governor when atleast one of the house is not in session.

Their frequency of usage has increased both in Parliament and State legislature:-

(1) Overturning judicial verdict by bringing an ordinance for Public Delhi Service Authority to manage transfer of officers.

(2) Reforms for Space sector were also brought by an ordinance.

(3) Several states like MP & UP diluted the labour laws through use of ordinance which barred rights of labourer.

All these leads to negative outcomes:

(1) Dilutes accountability of executive: as the ordinance remains undiscussed till the session is called which has itself reduced.

Diagram
Bar chart: X-axis [1950, 2020]; Y-axis [120 days, 70 days]. Showing decline in parliamentary sessions per year.

(2) Democratic traditions overlooked:

(2.1) No thorough debate on the affect of the bill.

(2.2) Lost opportunity to direct bill to Standing committee of houses.

(2.3) Against the idea of constitutionalism when repeatedly promulgated.

(2.4) Bypassing scrutiny of legislative and leading to violation of rights of those affected.

Supreme Court Role: held in DC Wadhwa case, R.C. Cooper case that ordinance making power:

Diagram
Ordinance making power: -> is subject to judicial review -> & not be re-promulgated again and again (as seen in Bihar).

The idea must be to use ordinance only in "URGENCY" and disclose the same in [Preamble] of the Bill for a healthy parliamentary practice.

Close · a way forward

Supreme Court Role: held in DC Wadhwa case, R.C. Cooper case that ordinance making power: The idea must be to use ordinance only in "URGENCY" and disclose the same in [Preamble] of the Bill for a healthy parliamentary practice.

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