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.
(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:
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.