Question 1 · 10 marks · 167 words written
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
- To deal with urgent public matter
- The maximum validity of such ordinance is 6 months & 6 week.
Issues relates to repromulgation
- It violates the seperation of power. It is just a tool to tackle the emergency situation not to replace the legislature.
- 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.