Question 1 · 10 marks · 191 words written
Opening · a constitutional or legal provision
Act 123 and Act 213 of the Indian Constitution provide ordinance making powers to the president of India and the governor of states respectively.
Body · points and prose
Ordinance Repromulgation - Fraud on Constitution and democratic subversion
- It is violation of separation of power as bypasses legislation.
- It leads to subordination of parliamentary democracy.
- Blot on the participatory and representative aspects of legislature.
- Leads to supremacy of executive over other organs.
- SC judgements related to ordinance (a) RC Cooper case - Ordinance is subjected to judicial review (b) DC Wadhwa case - repromulgation of ordinance without scrutiny of legislation is illegal (c) Krishna Kumar case - Ordinance should be used in rarest of rare cases.
Necessity of Ordinance making power
① The present order is very dynamic. ② Executive, therefore needs a way of quick response to problems. Eg COVID-19 pandemic disrupted parliamentary proceedings. ③ Regular chaos in parliament, leading to poor efficiency. ④ Parliament is not active throughout the year. To deal with sudden situations.
Close · a way forward
Ordinance making power is a necessary component of constitution, which should be used to deal with crisis and not to bypass the democratic process.