AIR 537 · CSE 2023 · GS2 · 56 pages

Gyanendra Bharti: GS2 answer copy

20 answers by Gyanendra Bharti, as written in the test. Each question opens a page with how other toppers answered it.

The questions

The answers

Question 1 · 10 marks · 167 words written

"Repromulgation of Ordinance is a fraud on the constitution and a subversion of democratic legislative process". Substantiate.

Opening

Under Article 123 & 213, the President & Governor respectively are empowered to promulgate ordinance when either (or) non of the house of legislature is in session & emergency arisen to legislate.

Significance

Body

  1. To deal with urgent public matter
  2. The maximum validity of such ordinance is 6 months & 6 week.

Issues relates to repromulgation

  1. It violates the seperation of power. It is just a tool to tackle the emergency situation not to replace the legislature.
  2. It avoids the legislature scrutiny, debate and discussions on a bill which is the bedrock of democratic process.

(3) Also, it establishes the executive tyranny. Executive can make (or) pass the ordinance for benifiting only certain section of the population.

(4) It bypasses the expert input in the legislation process through parliamentry committee review.

(5) It hinders the scope of public view through consultative process.

Close

Supreme Court in D.C. Wadhwa case rightly pointed out that repromulgation of same ordinance again & again is the fraud over constitution.